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  • sanju
    01-22 03:39 PM
    Hello,

    2 Alternatives as I see:

    1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

    In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?




    If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

    The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

    Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

    Here is what Bill Gates said last year testifying to the congress -

    "And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

    Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

    Welcome to the club buddy, we are going to be in these forums to long many years.





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  • andycool
    07-18 11:05 AM
    here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.

    (note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)

    1. landed in the united states on f-1 visa -- september 2000.

    2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.

    3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)

    4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).

    5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.

    6. graduated with advanced degree (and high academic honors) in december 2006.

    7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.

    8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.

    9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.

    10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.

    11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).

    12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.

    13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.

    14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.

    15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).

    16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!

    17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.

    18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!

    notes in conclusion:

    1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)

    2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.

    3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.

    4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.

    5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"

    reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!

    Dude ,

    Its indeed a long Journey ....

    Enjoy

    Thanks





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  • nfinity
    07-17 11:08 AM
    I have jumped on this a couple times.





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  • Templarian
    08-25 09:35 PM
    How about a mario one?XD
    Or a luigi,kirby,sonic,butterfly and I think that is all
    Random stuff for smilie
    :mario: :kir: :luigi: already exist. No one so far has made sonic though.

    //edit, I need to make one more smilie before I make a sonic one.



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  • abhisam
    07-09 02:12 PM
    You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.

    My take is you will receive your card by the end of August at the very least. So don't worry.

    Thank you! will pray that i get it by august or take the infopass appointment. Really appreciate all your help.





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  • Berkeleybee
    04-08 01:29 PM
    I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:

    Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development

    It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.

    Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.



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  • pmb76
    09-05 09:30 PM
    I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......

    THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!

    Everything else is Correct (address, DOB, A# etc...)

    GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20

    Do ypu remember that Seinfeld episode where Costanza airbrushes off himself from the picture in Kruger's office. You could try something similar.. Just kidding :D. My sympathies are with you dear friend. Murphy's law always holds true when it comes to dealing with USCIS.





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  • Rb_newsletter
    02-09 03:28 PM
    These are blood sucking leeches playing with our emotions, just for the sake of few clicks on to their page.
    The article is Dated Feb 11, 2010 and glorifying a half-hearted attempt in Dec 2009. GRRReattt:mad:

    How does this 'Blog Feeds' work? Is there a way to filter these kind of dupicate/old news?



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  • shx
    10-17 12:10 PM
    I had an interview in San Francisco after I moved there from Denver. They just wanted to find out why I moved. They only saw my employment letter. No w2s or tax returns or paystubs. Its better to take all the usual documents though. You don't need employer tax returns for sure.





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  • milind70
    10-31 08:45 AM
    Should address on Drivers license and Address that we provide for USCIS should it match ?

    I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?

    If it is in the same state I think you are fine, I went for FP rececntly and I had a DL which had my three year old address( though i did change online on DMV website and they send me a paper card satting my new adress) as for a new card they charged some money so i never changed it.It is 3 years since i have moved to my current address. I was not even asked anything at FP.



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  • BharatPremi
    03-11 02:17 PM
    Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.

    1. Can "A" work for his wife and also get paid in check?
    2. Can "A" have a second job in his wife's company and retain his original job?
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    7. Can "A" work as volunteer in his wife's company?
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?

    You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you:p:)





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  • somegchuh
    10-30 05:17 PM
    [Apologies for the cross-post]
    Since there are lot of ppl here who have had EAD/AP for years ...
    Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?

    Thanks



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  • amsgc
    07-23 12:08 AM
    Did you send them a copy of the approved I-140 and request them to port the PD?
    Also, do you know if your previous I-140 has been withdrawn?

    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lDcky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai





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  • bablata2007
    11-27 03:18 PM
    My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?

    Pls help.
    Thanks.



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  • jonty_11
    12-15 10:34 AM
    recommend them to talk with some good immigration attorney rather than going to websites....u can point themto uscis website explaining H1B program , just google it.





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  • Berkeleybee
    04-09 10:26 AM
    All,

    Just to put this issue to bed once and for all. IV is committed to bringing its goals into legislation -- we are not wedded to any particular piece of legislation. If Plan A doesn't work, there is Plan B, C and D. Each with its own advantages and disadvantages.

    There have been some people who have been saying "Comprehensive reform is dead IV should work on PACE/Poster's favorite option."

    (1) It is not certain that CIR is dead. We are not about to toss it aside before the Senate has.

    (2) IV is fully prepared for PACE -- we have studied all of PACE's provisons (have the theorists even done this?). Did you happen to notice that one of the co-sponsors of PACE has already offered an amendment for us? We also have support from other co-sponsors.

    (3) Our amendments show that we have support no matter which legislation goes forward -- we have to shore up this support and make sure we get more for floor votes.

    BTW, I notice that some of our new theorists became members only a few days ago, probably to read the live update threads, and just a few days after that they start opining about what IV should do. ;-) Have they done anything with/for IV: volunteer, contribute, send webfaxes? I doubt it.

    Note to new members: please visit our Resources section and familiarize yourself with the material there, at the very least you'll see we have been doing our homework and we are not a one-theory-one-legislation group.

    best,
    Berkeleybee



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  • immi_enthu
    09-28 06:03 PM
    Some have the July 2nd receipt date but other have a later date especially if your case has been transferred from NSC to CSC and then back to NSC.:rolleyes:

    yes I am :D and there are many July 2nd filers who have July 2nd as the receipt date and may not receive the EAD by Oct 1st. I may not either. I guess I am not that lucky here.





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  • bfadlia
    07-31 05:07 PM
    I was in Canada in 2001, had the approved I-797 but the consulate in Calgary refused to give me the visa stamp and asked i go back to home country to get it (Egypt)
    Even though I had no US education and people who do might have a better chance, but it is still only a chance, totally dependant on the mood of the consulate officer who has every right to refuse issuing visas to third country nationals.. i don't know why anybody would risk it if they don't have to.





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  • ivorycard
    10-18 01:25 AM
    Do you mean the first two digits of these two job codes:
    13-2011.02 and 13-2011.01

    So as per this law form, since they both start with a 13 we are good?

    -R
    Yes. That’s correct. You may switch job titles to any category starting from main category 13.

    For peace of mind; my best advice to you is to reconfirm with an immigration Attorney. (You may try to post this question on any free chat sessions offered by leading immigration law firm/s).

    Good Luck.





    ksrk
    01-21 06:48 PM
    Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


    Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.

    If your I-94 says AOS Pending, how are you on H1B?
    If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.

    With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.





    hebron
    04-03 12:31 PM
    Hi Bobby,
    I'm sorry, I'm a little confused now. Maybe its just me.

    Couple of questions, if you don't mind.

    1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?

    2. Did you apply for 3 year H1-b extension even though your passport was not renewed?

    3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?

    4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?

    Thanks



    I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW



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