ryan
04-29 07:45 PM
Nice article here. It also compares the experience on how folks did once they went back. The needle is surely moving away from USA.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."
Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."
Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.
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camberiu
06-13 12:51 PM
Hello everyone,
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
knnmbd
07-14 08:41 AM
Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.
With so much of steam building up around the SKIL bill, does the IV core team have any time line on when this will even be debated in the House? Is this on the plate for before or after the November elections?
With so much of steam building up around the SKIL bill, does the IV core team have any time line on when this will even be debated in the House? Is this on the plate for before or after the November elections?
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saro28
10-30 09:08 PM
Hello ncgc, Please post your experience once you get the card back. My spouse (filed seperate) has the the same issue. She received the EAD card with wrong photo and today she received the AP with the wrong photo as well. We are going to send it back to the lawyer, so he can follow up with INS. Is your AP photo looks ok?
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123456mg
07-20 03:32 AM
Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) and tax returns is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.
Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".
The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".
The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
g03
05-16 10:29 AM
John Kyl from Arizona wants to put an amendment to make "current legals ineligible for this benefit for this if they go out of status from now on".
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eb3retro
05-29 10:30 PM
I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.
sent u a pm pls respond. thanks
sent u a pm pls respond. thanks
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sabr
09-18 03:37 PM
If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?
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iman.karta
11-06 01:31 PM
Whats up, guys!
FYI:
My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
I got audited on November 2007. I filed the petition on October 2007.
Good luck with all of you guys.
Thanks for the supports!
FYI:
My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
I got audited on November 2007. I filed the petition on October 2007.
Good luck with all of you guys.
Thanks for the supports!
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unchew
06-06 05:20 PM
aaawww... none of mine :( I guess I'll have to support other fellows!
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kondur_007
10-30 04:06 PM
In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
Thank you very much for sharing this information, this is a very good point; I never thought about it.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
Thank you very much for sharing this information, this is a very good point; I never thought about it.
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Raju
04-09 03:39 PM
Friends,
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
I think you are in good shape here
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
I think you are in good shape here
more...
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nozerd
11-15 12:02 PM
Have you tried to get an appointment in Calgary, Halifax or Quebec City. These 3 places are normally the easiest to get visa appt.
Also answer depends on number of questions.
1) What is your current nationality
2) Do you have expired H1 B stamp in your passport ?
Also answer depends on number of questions.
1) What is your current nationality
2) Do you have expired H1 B stamp in your passport ?
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SAPGURU
07-11 03:12 PM
Gurus,
Here is my situation.
Labor filed with company A in April 2006 and I-140 EB2 approved in May 2007. Could not file I-485 last year due to personal reasons.
Changed the Job to company B in Sep 2007.Company B filed PERM EB2 in Feb 2008 and got approved in Aril 2008. I-140 filed in June 2008 with priority date recapture request and still pending.
My 6th year of H1B is expiring in March 2009.
My question is, can I file my I-485 based on my previously approved EB2 I140.
What should be best approach for me? Any help will be greatly appreciated.
Here is my situation.
Labor filed with company A in April 2006 and I-140 EB2 approved in May 2007. Could not file I-485 last year due to personal reasons.
Changed the Job to company B in Sep 2007.Company B filed PERM EB2 in Feb 2008 and got approved in Aril 2008. I-140 filed in June 2008 with priority date recapture request and still pending.
My 6th year of H1B is expiring in March 2009.
My question is, can I file my I-485 based on my previously approved EB2 I140.
What should be best approach for me? Any help will be greatly appreciated.
more...
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krishgreen
06-01 04:43 PM
Hi All,
I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.
Here is the complete process that I have followed from start to End:
* I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.
* Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
* Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
* On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.
**** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****
*Then he will drop you at US Consulate and stay outside until you pass the security line.
* After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
* After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
*After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.
At the Visa Interview counter:
Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.
VO: Why did you change the company from your Old to New.
ME: Explained the situations.
VO: Do you directly work for the client of your Current Company.
ME: No, I work for a client of another Vendor.
VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
VO: How do we trust that you are really working for the Client.
ME: I pulled out my client letter and Photo ID Card and gave it to VO.
VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
ME: Handed over all the W2's and Payslips.
VO: Can I see your bank statements for last 3 months.
ME: Gave my bank statements.
VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
ME : No.
VO: What is your job description.
ME: Explained.
VO: Is your greencard petition filed.
ME: Yes.
VO: Can I see your Approved labot and I-140.
ME: I have approved labor, but, not approved I-140.
VO: You are supposed to carry all the documents.
ME: Blank face
VO: Okay, your Visa is approved.
ME: Thank you :-)
NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.
We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.
Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.
Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.
Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.
After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.
If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).
If anybody have any questions, please let me know.
Good luck.
I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.
Here is the complete process that I have followed from start to End:
* I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.
* Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
* Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
* On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.
**** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****
*Then he will drop you at US Consulate and stay outside until you pass the security line.
* After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
* After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
*After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.
At the Visa Interview counter:
Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.
VO: Why did you change the company from your Old to New.
ME: Explained the situations.
VO: Do you directly work for the client of your Current Company.
ME: No, I work for a client of another Vendor.
VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
VO: How do we trust that you are really working for the Client.
ME: I pulled out my client letter and Photo ID Card and gave it to VO.
VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
ME: Handed over all the W2's and Payslips.
VO: Can I see your bank statements for last 3 months.
ME: Gave my bank statements.
VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
ME : No.
VO: What is your job description.
ME: Explained.
VO: Is your greencard petition filed.
ME: Yes.
VO: Can I see your Approved labot and I-140.
ME: I have approved labor, but, not approved I-140.
VO: You are supposed to carry all the documents.
ME: Blank face
VO: Okay, your Visa is approved.
ME: Thank you :-)
NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.
We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.
Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.
Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.
Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.
After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.
If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).
If anybody have any questions, please let me know.
Good luck.
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sankap
08-13 10:39 AM
Can you share how you can check your status online after you've filed I-485? Who would send you the URL --your immi lawyer or the USCIS? Also, my lawyers filed said they filed my 485, AP, EAD the same day. Is that possible?
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natrajs
08-21 12:07 PM
Best Wishes and Good Luck
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gman
12-22 11:07 PM
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?
If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?
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mhathi
01-08 09:08 AM
I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.
This was for my H1 and my Spouse's H4 visa.
This was for my H1 and my Spouse's H4 visa.
benbear
11-09 09:39 AM
Let me simplify the EB backlog equation:
EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct
Do the simple math, we can get the following table:
Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct
Do the simple math, we can get the following table:
Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
Soul
06-14 07:02 AM
Haha :beam:
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