Saturday, June 11, 2011

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  • menimmigration
    07-19 09:48 AM
    Hello IV Members,

    I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.

    My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.

    Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.

    Thanks.




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  • milind70
    07-17 04:11 PM
    So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.

    Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.

    - GS
    I think you need to be in US when the application reaches the USCIS office.
    Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
    Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.




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  • nsveta
    04-22 01:16 PM
    Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

    --One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

    --Is it advisable to get my H01 filed at this time?
    --What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
    --What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

    Please suggest. Thanks




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  • shirish
    03-26 11:32 AM
    According to my knowledge it has to be after the college. You cannot be fulltime employed and full time student at the same time.

    So in nutshell. B.S + 5 years exp (After completing BS) and also the job must demand for BS + 5 years exp.Else you cannot file under EB2.



    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.



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  • vinzak
    01-07 12:02 PM
    Just wanted to bump this post in case people missed it. I'm surprised it didn't receive more attention.

    We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.

    What u think guys?




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  • senthil1
    10-15 07:03 PM
    I do not think USA is losing ground. If China and India thinks that they are Really improving economy Why can't they make their currencies free Trade? Why are they artifically Keeping exchange rates. The reason is if really a country is stronger then currency should go up and US dollar should become weaker. But India and Cannot sustain as the export business will go down for India and China if their currency becomes too strong. So India and China are looking for US and europe Market. So inter dependence is always there. There is lot of speculation that India will exceed US in 2020. But it is far from true. For stronger Indian economy India needs US Consumption. For that USA needs to be stronger. May be lot of human resources are there in india. But that will be also resolved in another 20 Years because still Inflow is more than return to india. 80% of H1s are Indians apart from lot of L1 people.



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  • franklin
    09-23 02:42 AM
    FWIW - I never got any copies of receipts, just the numbers, from my attorney




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  • chanduv23
    09-10 07:54 AM
    Though there are companies that do have ethics - most of these people have exploited their employees and continue to behave unethically - they drive expensive cars and behave with arrogance on face of their employees who are working hard and earning for these cayotes.

    These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.

    As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.

    IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.

    I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.

    I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.

    Write blogs, make all this visible.



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  • seeking_GC
    07-18 08:13 PM
    Hi,
    I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??

    Anyone any thoughts???




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  • optimystic
    03-19 02:44 PM
    Well...my PD is current and my RD at Nebraska is also current as per thier processing times. But still no LUDs or any other updates so far :( (its been 19 days since my PD became current)

    I already spoke to USCIS IO one week back, and was told its a bit too early, and wait for 45 days and call back if nothing happens until then. They weren't willing to give me the status whether my Namecheck crossed 180 days.

    Just going to wait until April 1, and then call them again. Or get an INFOPASS . What do the gurus suggest?

    [EB3 - I , PD May 2001, RD July 30 07, Nebraska ]



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  • shirish
    10-02 11:14 AM
    I am in a similer situation, Did not get a clear answer from any one, but i was told that if i use EAD then my son has to use the I-485 receipt notice and the ap ti renter and the receipt will keep him in legal status.

    I am bit confusedon this though.




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  • eb3_nepa
    04-13 08:41 PM
    The following doc, 'How the senate bill becomes a law' does not mention any waiting period after President's sign the bill to become a law

    http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf

    My point exactly.

    So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?



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  • vnsriv
    07-19 01:53 PM
    I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.


    You can file spouse 485 later but not always
    --------------------------------------------------------------------------------

    Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.

    EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
    My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
    We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that

    Key:
    1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
    2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
    3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
    4. Follow visa bulletin as soon as dates are current get medical test completed
    5. File her 485 (Make sure USCIS receives it after the dates become current)
    (If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
    6. What if you are married before GC approval but get approved before her 485 is filed
    1. Spouse out of USA
    No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
    2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
    File 485 as a derivative no special processing
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.


    Please talk to a reputed lawyer before doing any thing.
    My story
    EB3 RIR PD Jul 2002,
    Filed I-485 in Jun 2005 was not married at that time
    Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
    Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
    Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.




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  • GC092003
    04-18 11:57 AM
    yes, I punched it right. I changed last digit... it shows it is approved... of course, this is not my case number.. someone who has one number different..
    I am calling to a toll free number... I am so scare if they pull out my information and they might mess up by mistake... no?



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  • cahaba
    04-13 04:22 PM
    Any ideas guys on legal ways to tacke this situation? This is extremely urgent. Pl let know if you have any comments.




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  • newuser
    08-17 12:10 PM
    For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.

    I agree with ashkam. If you renew online, you can get it for 4 years. But if you go in person to DMV, they will issue based in EAD.



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  • abracadabra102
    03-17 01:27 PM
    no offense but the above doesn't make any sense what so ever, so does majority of your posts.
    and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.

    Peace :)

    LOL. You are spot on.




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  • ivvm
    03-24 04:20 PM
    Mark, This was indeed excellent!




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  • Berkeleybee
    04-03 04:36 PM
    brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.

    Seeing as how I and Stuck labor were the ones to put that National Interest Fact sheet together thought I should respond:

    The NAS report is available at http://fermat.nap.edu/catalog/11463.html

    The document is quoting from page ES-8 of the NAS report -- I'm cutting and pasting from the document

    "In Germany, 36% of undergraduates receive their degrees in science and engineering. In China, the
    figure is 59%, and in Japan 66%. In the United States, the corresponding figure is 32%."

    The NAS document end note says "Based on data from Data are from National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation, Appendix Table 2-33."



    The document you have linked to says

    In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.27 In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.

    And the document footnote says
    Analysis conducted by the Association of American Universities. 2006. National Defense Education and Innovation Initiative. Based on data in National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation. Appendix Table 2-33. For countries with both short and long degrees, the ratios are calculated with both short and long degrees as the numerator.



    So this is pretty odd -- both are based on the same base dataset, and it looks like the second document calculates the % differently. Also not sure why one says "science and engineering" and the other says "natural science and engineering"




    ebizash
    11-10 04:39 PM
    Finished the survey




    gcformeornot
    01-09 04:03 PM
    Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?

    applies to general legal immigrant population.



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