sroyc
08-03 12:21 PM
I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
wallpaper Love Kiss
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sku
01-16 03:29 PM
The situation seems to be so bad that my immigration attorney sent out a seminar invitation to discuss the lay-off of immigrant workers what to do what not to do. Their agenda includes:
Termination and Layoff Tips
Ensuring that decisions are properly documented and supported
Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status
Avoiding Legal Landmines When Reducing Pay or Hours
Avoiding potential discrimination and overtime claims
Preventing wage violations for nonimmigrant employees and employees sponsored for green cards
Managing Office Closures: Forced Vacation or Time Off Without Pay
Avoiding wage and hour violations
Strategies for Reducing Immigration Costs
Establishing policies for employee payment of certain immigration costs
Drafting enforceable repayment agreements
Termination and Layoff Tips
Ensuring that decisions are properly documented and supported
Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status
Avoiding Legal Landmines When Reducing Pay or Hours
Avoiding potential discrimination and overtime claims
Preventing wage violations for nonimmigrant employees and employees sponsored for green cards
Managing Office Closures: Forced Vacation or Time Off Without Pay
Avoiding wage and hour violations
Strategies for Reducing Immigration Costs
Establishing policies for employee payment of certain immigration costs
Drafting enforceable repayment agreements
psk79
10-15 01:33 PM
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
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needhelp!
07-30 02:26 AM
please count me for tx (dallas)
more...
nixstor
06-28 02:13 PM
I am not sure if I am reading this right or not, go this page
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
glus
10-09 01:07 PM
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.
As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.
Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.
Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.
As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.
Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.
Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.
more...
xbohdpukc
04-02 10:06 AM
You guys probably verified this already but -
if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.
All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.
Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?
What am I missing here?
you are missing the whole point: you should've been undocumented on or before Jan 7th 2004
if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.
All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.
Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?
What am I missing here?
you are missing the whole point: you should've been undocumented on or before Jan 7th 2004
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gcFiler08
02-15 03:42 PM
Any news on this bill.
more...
senk1s
10-25 04:49 PM
RFE is basically 'looking for proof /more information'
Wait for that then you'll know what they are looking for
-and lately 'anything' is very normal :(
Wait for that then you'll know what they are looking for
-and lately 'anything' is very normal :(
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gova123
08-02 05:37 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
more...
ski_dude12
10-15 02:17 PM
It is possible that since you are on H1 they might have assumed that your employer filed for your GC.
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pawnrule
01-15 01:00 PM
Hi,
I am in a similair situation where I have a US masters degress and 6+ years experience here. It seems like a complete waste of time to take the IELTS, after going through TOEFL and GRE to get admitted to a US university.
In any case, I plan on taking the test. I have a couple of questions regarding the test.
1. Which module should we take. Academic or General Training. It appears General Training is appropriate for immigration.
2. The scores have to be sent to a person and institution. Is this just the Buffalo office with the case number? Do we have to address it to a specific officer?
Thanks in advance for any responses.
I am in a similair situation where I have a US masters degress and 6+ years experience here. It seems like a complete waste of time to take the IELTS, after going through TOEFL and GRE to get admitted to a US university.
In any case, I plan on taking the test. I have a couple of questions regarding the test.
1. Which module should we take. Academic or General Training. It appears General Training is appropriate for immigration.
2. The scores have to be sent to a person and institution. Is this just the Buffalo office with the case number? Do we have to address it to a specific officer?
Thanks in advance for any responses.
more...
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glosrfc
11-26 11:20 AM
@TheCanadian, glos is a cunning one. :look:
Unfortunately, that's not the case. If it were, I might've tried to make my buttons look more like...well, buttons. :suppose_maybe:
But it was fun making them and I've had some ideas for new themes!
Unfortunately, that's not the case. If it were, I might've tried to make my buttons look more like...well, buttons. :suppose_maybe:
But it was fun making them and I've had some ideas for new themes!
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saravanaraj.sathya
08-22 03:02 PM
We can do it in New York city for new york residents....Any thoughts?
more...
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DSLStart
07-25 09:51 AM
I too received an email couple of days back that my 140 which was approved in Dec 05 has been transfered from VSC to TSC. Wonder whats going on :confused:
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amsgc
04-02 08:47 PM
I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.
Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
more...
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iviviv
11-01 09:34 PM
refile labor.
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Jaime
09-04 10:40 AM
With 100,000 already gone, and with frustrations growing at a boiling point, the pressure being applied upon us will force us onto the path of least resistance. How long before we are all gone? If you are an American reading this, did you know that every other industralized country faces declining population? Do you really want the future population growth of the U.S>to come solely from illegal Salvadorean maids? Do you wnat the high-skilled people to move away to China and India and then see your quality of life deteriorate?
http://www.sptimes.com/2007/08/23/Business/US_faces_decline_in_s.shtml
U.S. faces decline in skilled workers
New study says the wait for a green card frustrates immigrants.
By Madhusmita Bora, Times Staff Writer
Published August 23, 2007
The only barrier stalling Arun Shanmugam's ascent in the corporate world is a small card that would proclaim him a permanent resident of the United States.
The green card, which isn't green in color, would help him snag the next best opportunity, launch his own company, and enjoy homestead tax rebates.
So, this year the Tampa software engineer joined a queue of more than 300,000 immigrants vying for the coveted card. But a severe backlog is forcing high-skilled workers to question their American dream.
On Wednesday, a Kansas-based private, nonpartisan foundation released a study warning that America could face a sizable reverse brain drain unless the government eases visa restrictions, increases the quota and speeds up the process. The Kauffman Foundation said that there are more than 1-million skilled immigrants including doctors, engineers, and scientists competing for the approximately 120,120 green cards issued each year.
The uncertainty of the process and the imbalance in the demand and supply could trigger a trend of highly trained immigrants returning to their country and moving elsewhere.
"It's the first time in American history that we are faced with the prospect of a reverse brain drain," said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and a co-author of the study.
"There are so many business opportunities in Shanghai and Bangalore, why put up with all the immigration crap?"
Many of the green card applicants are on a six-year H-1 B visa. The non-immigrant work permit keeps them wedded to a single employer. Immigrants who have applied for a green card can continue working on an extended H-1 B visa until the card arrives. But they can't change employers, or start their own companies. Their wait time is open-ended, made longer by a Congress-mandated quota for the visas and severe backlogs in the system.
Frustrated with the system, in the last three to five years, 100,000 highly skilled Chinese and Indian immigrants have returned to their home country, Wadhwa said.
In a fiercely competitive global economy, this is the worst time for such an exodus, experts say.
"Our previous studies document that highly skilled workers accounted for one quarter of all successful high-tech start-ups in the last decade," said Robert Litan, vice president of research and policy at the Kauffman Foundation. "If we send a lot of these people back home, we will lose a disproportionate number of entrepreneurs."
And the ripple affects are already emerging in the Tampa Bay area.
"It's a huge problem," said Ray Weadock, CEO and president of Persystent Technologies. "The guys in Washington don't think much and their initial reaction is this will impact Cisco and Microsoft."
But smaller companies take a bigger hit, because they don't often have the capital to send jobs to where the labor is, Weadock said. Weadock's company, which employs Shanmugam, is toying with the idea of setting up a subsidiary in India.
Companies aren't the only ones chasing the labor market. Schools and universities are also jumping into the wagon. The population of international students in MBA programs across the country continues to dwindle, said Bob Forsythe, dean of the College of Business at University of South Florida.
"And the demand for American business schools to go deliver programs in other countries have increased," he said.
Harvard University and Northwestern's Kellogg School of Management are among a growing number of schools that have a presence in India. At USF, Forsythe's team is negotiating a venture in Romania.
The visa problems here have encouraged governments worldwide to ease visa restrictions in their countries and nab the high skilled workforce.
"There's a lot of mention of Canada," said Chandra Mitchell, an immigration attorney with Tampa-based Neil F. Lewis.
Amar Nayegandhi, a USF graduate and a contract employee with the U.S. Geological Survey, has been waiting for his green card since 2002.
He may soon give up, he said. The long wait has cost him job opportunities, forced upon him a commuter marriage and restricted his economic mobility. His H1-B visa runs out in February, and even though he can extend it and continue awaiting the green card, he's contemplating leaving the country.
"I have friends who have gone back simply frustrated with the setup," he said. "I am asking myself if this is really worth it."
Shanmugam of Persystent Technologies says he, too, will only wait for about a year before considering giving up his spot in the line and heading back to his native India.
"This is not the only place to be anymore," he said. "You can find better opportunities everywhere."
By the numbers
200,000: Employment-based applicants waiting for labor certification in 2006 - the first step in the U.S. immigration process.
50,132: Pending I-140 applications - the second step of the immigration process. That's seven times the total in 1996 of 6,743.
125,421: Estimated applicants residing abroad who were waiting for permanent residency status.
100,000: Estimated number of highly skilled Chinese and Indian immigrants who have returned to their home country in recent years.
Highlights of Kauffman Foundation reports
- Foreign nationals are contributing to one out of four of all the global patents filed in the United States.
- One quarter of all tech companies nationwide and 52 percent of tech companies in the Silicon Valley were founded by immigrants.
- More than 1-million skilled workers and their families (scientists, doctors, engineers, Ph.D. researchers) are waiting for green cards. About 120,0000 green cards are issued each year with a 7 percent limit per country.
-Hundreds of thousands of skilled immigrant workers may get frustrated with the waiting process that could be 6 to 10 years and leave the United States. The reverse brain drain could be critical to Americans corporations and hurt the country's competitiveness in a global economy.
- Immigrant-founded companies produced $52-billion in revenues and employed 450,000 workers in 2006.
Madhusmita Bora can be reached at mbora@sptimes.com or (813) 225-3112.
[Last modified August 22, 2007, 23:19:43]
http://www.sptimes.com/2007/08/23/Business/US_faces_decline_in_s.shtml
U.S. faces decline in skilled workers
New study says the wait for a green card frustrates immigrants.
By Madhusmita Bora, Times Staff Writer
Published August 23, 2007
The only barrier stalling Arun Shanmugam's ascent in the corporate world is a small card that would proclaim him a permanent resident of the United States.
The green card, which isn't green in color, would help him snag the next best opportunity, launch his own company, and enjoy homestead tax rebates.
So, this year the Tampa software engineer joined a queue of more than 300,000 immigrants vying for the coveted card. But a severe backlog is forcing high-skilled workers to question their American dream.
On Wednesday, a Kansas-based private, nonpartisan foundation released a study warning that America could face a sizable reverse brain drain unless the government eases visa restrictions, increases the quota and speeds up the process. The Kauffman Foundation said that there are more than 1-million skilled immigrants including doctors, engineers, and scientists competing for the approximately 120,120 green cards issued each year.
The uncertainty of the process and the imbalance in the demand and supply could trigger a trend of highly trained immigrants returning to their country and moving elsewhere.
"It's the first time in American history that we are faced with the prospect of a reverse brain drain," said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and a co-author of the study.
"There are so many business opportunities in Shanghai and Bangalore, why put up with all the immigration crap?"
Many of the green card applicants are on a six-year H-1 B visa. The non-immigrant work permit keeps them wedded to a single employer. Immigrants who have applied for a green card can continue working on an extended H-1 B visa until the card arrives. But they can't change employers, or start their own companies. Their wait time is open-ended, made longer by a Congress-mandated quota for the visas and severe backlogs in the system.
Frustrated with the system, in the last three to five years, 100,000 highly skilled Chinese and Indian immigrants have returned to their home country, Wadhwa said.
In a fiercely competitive global economy, this is the worst time for such an exodus, experts say.
"Our previous studies document that highly skilled workers accounted for one quarter of all successful high-tech start-ups in the last decade," said Robert Litan, vice president of research and policy at the Kauffman Foundation. "If we send a lot of these people back home, we will lose a disproportionate number of entrepreneurs."
And the ripple affects are already emerging in the Tampa Bay area.
"It's a huge problem," said Ray Weadock, CEO and president of Persystent Technologies. "The guys in Washington don't think much and their initial reaction is this will impact Cisco and Microsoft."
But smaller companies take a bigger hit, because they don't often have the capital to send jobs to where the labor is, Weadock said. Weadock's company, which employs Shanmugam, is toying with the idea of setting up a subsidiary in India.
Companies aren't the only ones chasing the labor market. Schools and universities are also jumping into the wagon. The population of international students in MBA programs across the country continues to dwindle, said Bob Forsythe, dean of the College of Business at University of South Florida.
"And the demand for American business schools to go deliver programs in other countries have increased," he said.
Harvard University and Northwestern's Kellogg School of Management are among a growing number of schools that have a presence in India. At USF, Forsythe's team is negotiating a venture in Romania.
The visa problems here have encouraged governments worldwide to ease visa restrictions in their countries and nab the high skilled workforce.
"There's a lot of mention of Canada," said Chandra Mitchell, an immigration attorney with Tampa-based Neil F. Lewis.
Amar Nayegandhi, a USF graduate and a contract employee with the U.S. Geological Survey, has been waiting for his green card since 2002.
He may soon give up, he said. The long wait has cost him job opportunities, forced upon him a commuter marriage and restricted his economic mobility. His H1-B visa runs out in February, and even though he can extend it and continue awaiting the green card, he's contemplating leaving the country.
"I have friends who have gone back simply frustrated with the setup," he said. "I am asking myself if this is really worth it."
Shanmugam of Persystent Technologies says he, too, will only wait for about a year before considering giving up his spot in the line and heading back to his native India.
"This is not the only place to be anymore," he said. "You can find better opportunities everywhere."
By the numbers
200,000: Employment-based applicants waiting for labor certification in 2006 - the first step in the U.S. immigration process.
50,132: Pending I-140 applications - the second step of the immigration process. That's seven times the total in 1996 of 6,743.
125,421: Estimated applicants residing abroad who were waiting for permanent residency status.
100,000: Estimated number of highly skilled Chinese and Indian immigrants who have returned to their home country in recent years.
Highlights of Kauffman Foundation reports
- Foreign nationals are contributing to one out of four of all the global patents filed in the United States.
- One quarter of all tech companies nationwide and 52 percent of tech companies in the Silicon Valley were founded by immigrants.
- More than 1-million skilled workers and their families (scientists, doctors, engineers, Ph.D. researchers) are waiting for green cards. About 120,0000 green cards are issued each year with a 7 percent limit per country.
-Hundreds of thousands of skilled immigrant workers may get frustrated with the waiting process that could be 6 to 10 years and leave the United States. The reverse brain drain could be critical to Americans corporations and hurt the country's competitiveness in a global economy.
- Immigrant-founded companies produced $52-billion in revenues and employed 450,000 workers in 2006.
Madhusmita Bora can be reached at mbora@sptimes.com or (813) 225-3112.
[Last modified August 22, 2007, 23:19:43]
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ItIsNotFunny
10-15 04:39 PM
Guys,
Lets not repeat this type of threads. We recently had to ban ScratchingHead for similar type of threads. This diverts attention and energy. There are other money related forums and communities available.
Lets not repeat this type of threads. We recently had to ban ScratchingHead for similar type of threads. This diverts attention and energy. There are other money related forums and communities available.
jungalee43
09-16 04:27 PM
Whatever problems you have today :- RFE, NOID, TAXES.. You have 4 weeks to 12 weeks time.
For the most important task today, you have barely a few hours left. So leave everything else for tomorrow and it would not be too late.
If you don't call today it would be too late.
For the most important task today, you have barely a few hours left. So leave everything else for tomorrow and it would not be too late.
If you don't call today it would be too late.
enggr
10-02 10:20 AM
you could try getting a letter from university that you had completed all the requirements for your degree in 2000 but your degree was formally awarded in 2002
immi_seeker,
That was a nice idea, but I won't get a letter from university saying that the degree requirements are completed in 2000. Also, the transcripts for one supplementary exam (in 2002) may speak against us. Do you think there's a chance? Please reply
immi_seeker,
That was a nice idea, but I won't get a letter from university saying that the degree requirements are completed in 2000. Also, the transcripts for one supplementary exam (in 2002) may speak against us. Do you think there's a chance? Please reply
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