desi485
11-20 06:01 PM
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
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leoindiano
03-04 12:30 PM
Cases are being pre-adjucated, So there are RFEs and other inquiries...After this, they will wait for visa number in PD Queue....which is a good thing...This assures there will be no wastage this year....
Anycase, it looks like there will be significant forward movement...
My estimate
EB2I will enter 2005 in next 2 bulletins.
EB3I into 2003 in next 2 bulletins.
Anycase, it looks like there will be significant forward movement...
My estimate
EB2I will enter 2005 in next 2 bulletins.
EB3I into 2003 in next 2 bulletins.
vegasbaby
02-25 11:09 AM
To those with H-1 extension issues:-
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..
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reddymjm
03-09 01:32 PM
Can anyone explain the whats the FOIA fund drive? Or provide a link. Thanks.
http://immigrationvoice.org/forum/showthread.php?p=324652
http://immigrationvoice.org/forum/showthread.php?t=24159&highlight=FOIA
http://immigrationvoice.org/forum/showthread.php?p=324652
http://immigrationvoice.org/forum/showthread.php?t=24159&highlight=FOIA
more...
valuablehurdle
06-21 11:32 AM
Checked with my lawyer. 20 cases pending since January. Atlanta..
My Labor was filed April 15th, 2007. EB2. 'In process'.
My Labor was filed April 15th, 2007. EB2. 'In process'.
Saburi
02-26 11:30 AM
I think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file I-1485.
Thank's
MDix
I wish your prediction come true but does not seem like i don't think this que is going to move anyfurther untill next few years, i was very positive about this que will move faster after Feb 2009 but since then its still sitting to the same duration and have not move even a little, so sorry bro but does not seem like this will move untill next year.
May be it will move few month in the end of the year but getting it current or passing 2008 i don't see it happening untill 2011.
Sorry its bitter but true unless there is any big releaf given to us which does not seem to be hapening as Mr. Chnage has lot to do with economy and figth against terror.
I hope an wish i am wrong and you are right?
Best Regards
Saburi
Thank's
MDix
I wish your prediction come true but does not seem like i don't think this que is going to move anyfurther untill next few years, i was very positive about this que will move faster after Feb 2009 but since then its still sitting to the same duration and have not move even a little, so sorry bro but does not seem like this will move untill next year.
May be it will move few month in the end of the year but getting it current or passing 2008 i don't see it happening untill 2011.
Sorry its bitter but true unless there is any big releaf given to us which does not seem to be hapening as Mr. Chnage has lot to do with economy and figth against terror.
I hope an wish i am wrong and you are right?
Best Regards
Saburi
more...
chanduv23
03-02 12:46 PM
... its just an acknowledgement of reality as it stands today.
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
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amdavad
03-14 07:47 AM
We received RI. Recruitment period is from 03/19 to 04/18. It seems thing are moving.
MA/10-2003/TR
MA/10-2003/TR
more...
HawaldarNaik
03-04 01:15 PM
bole to sub ka current booking main chance lagta hai....ticket milega...subko...:)....bahoot jaldi....
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RNGC
06-24 09:44 AM
these were the kind of points I was looking for.....I will do this as my summer essay :) and share with IV when it is done.
America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.
Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.
If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.
these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.
this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants
America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.
Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.
If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.
these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.
this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants
more...
JunRN
10-01 03:16 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
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vijay1974
09-10 02:13 PM
IV team!
Thanks a lot for your efforts. I have 2 kids and those are boys :). Coming to rally and managing those mischieves little moster is very tough for us.
I have conntributed $100 and will contribute more in future.
Order Details - Sep 10, 2007 2:33 PM EDT
Google Order #832082755081300
Thanks a lot for your efforts. I have 2 kids and those are boys :). Coming to rally and managing those mischieves little moster is very tough for us.
I have conntributed $100 and will contribute more in future.
Order Details - Sep 10, 2007 2:33 PM EDT
Google Order #832082755081300
more...
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ashutrip
06-20 11:00 AM
I understand your concern. Hope for the best. Good luck friend!
thanks for the good luck.....we all need a ton of it!
thanks for the good luck.....we all need a ton of it!
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gc_dedo
04-30 03:41 PM
this sucks.
they dont know the difference between gc visas and h1 visas.
hes talking about employer trying to get visas to people to come and work.
no hope
they dont know the difference between gc visas and h1 visas.
hes talking about employer trying to get visas to people to come and work.
no hope
more...
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techskill
09-10 02:09 PM
I think they advanced the dates to 2006 not to approve the cases but to collect new applications with the new fees.They approved couple of cases only to show that they r working on old cases (2006 which is old for them or however they interpret).
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ArkBird
04-13 03:46 AM
@OP, Yes. You can open LLC and/or S-Corp on EAD. If you plan on working for the same company, I suggest you do it in the name of your significant other if you are (un)lucky like me and married. Also checkout the option of "LLC filing taxes as a S-Corp". Here is link to more details from IRS.
LLC Filing as a Corporation or Partnership (http://www.irs.gov/businesses/small/selfemployed/article/0,,id=205014,00.html)
Cheers
ArkBird
LLC Filing as a Corporation or Partnership (http://www.irs.gov/businesses/small/selfemployed/article/0,,id=205014,00.html)
Cheers
ArkBird
more...
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bsbawa10
09-12 10:03 AM
The campaign will fail in my opinion. Because anytime you ask people to spend money, many will not. Such activity and motivation for the campaign will die out next week when visa bulletin fever is over. We will again get agitated next month same time. So unless we figure out a campaign idea that costs us no money, it is bound to fail. I am for a phone call campaign. Or if we really want to do something big, we should do a rally in DC with 10 thousand members.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
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tinamatthew
07-24 12:03 PM
my own guess..with all these random approvals and stuff happening i am guessing that the PD for eb3 india would be in late 2003 (dec 2003) or early 2004 like jan/feb 2004...
Let's hope for the best
Let's hope for the best
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setpit_gc
07-24 05:19 PM
My wife's DL expired in June 2007. We got her extension in April 2007 for next 3 years. FYI: It took only 40 days to get the approval. Applied in PP.
We noticed the incorrect DOB in her approval notice. Attorney contacted CIS about this. We got a letter from CIS asking us to wait for 30 days to review her case. It is 90+ days since we reported CIS's typographical error. They took 40 days to approve the extension but they are taking more than 90 days to correct the DOB and issue a copy. Congrats CIS!.
Because of CIS's typographical error, we are facing hell of problems. She couldn't renew her DL. We went to DL office. We were asked to file a complaint. That takes ANOTHER 10 to 12 months to get the feedback from DL office.
I don't know what to do other than just WAIT!.
We noticed the incorrect DOB in her approval notice. Attorney contacted CIS about this. We got a letter from CIS asking us to wait for 30 days to review her case. It is 90+ days since we reported CIS's typographical error. They took 40 days to approve the extension but they are taking more than 90 days to correct the DOB and issue a copy. Congrats CIS!.
Because of CIS's typographical error, we are facing hell of problems. She couldn't renew her DL. We went to DL office. We were asked to file a complaint. That takes ANOTHER 10 to 12 months to get the feedback from DL office.
I don't know what to do other than just WAIT!.
NKR
09-12 02:08 PM
Flower campaign had similar fate - 2 to 3 truck loads of flowers just went into hospital. it was more of Lofgren involvement that helped us.
We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.
From what I observed the action of USCIS redirecting flowers to hospital and armymen backfired. It was perceived as an insult to the brave soldiers.
We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.
From what I observed the action of USCIS redirecting flowers to hospital and armymen backfired. It was perceived as an insult to the brave soldiers.
chi_shark
03-06 02:14 PM
There is no need for people to call USCIS. The PD date movement is based on demand. Even for a worst case scenario, USCIS should use 3300 visas for EB3-I. By Aug 2009, if they have only used 1000 visas, then DOS will move the PD for EB3-I by a couple of months.
Now my prediction. We will see PD current for all categories except for EB3-I/EB2-I/EB2-C in by August 2009. EB3-I would reach 2003 Jan. EB2-I and EB2-C will reach 2006 Jan.
I have no real basis for my prediction. Like Michael Crichton would say, no body can predict the future. We can only guess about what would happen in the future. Some of that guess is a calculated/informed guess; still it is just a guess.
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Now my prediction. We will see PD current for all categories except for EB3-I/EB2-I/EB2-C in by August 2009. EB3-I would reach 2003 Jan. EB2-I and EB2-C will reach 2006 Jan.
I have no real basis for my prediction. Like Michael Crichton would say, no body can predict the future. We can only guess about what would happen in the future. Some of that guess is a calculated/informed guess; still it is just a guess.
did m c not know about nostradamous? jk
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