sweet_jungle
02-01 11:12 PM
Sorry, if this is already discussed mutiple times. I was not able to find any Info.
My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.
While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated
Thanks,
-Sree
She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.
While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated
Thanks,
-Sree
She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
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felix31
04-18 11:26 AM
vicks don,
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
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thomachan72
04-15 03:52 PM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?
For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?
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usirit
11-21 12:21 AM
I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
Meridiani.planum.... Thanks for your reply....
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
Meridiani.planum.... Thanks for your reply....
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
more...
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scorpion00
10-06 02:43 PM
Hi Manish,
I hope everything goes well with you.
Did the officials call you or come to see you in person?
I hope everything goes well with you.
Did the officials call you or come to see you in person?
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Ann Ruben
05-13 03:20 PM
I you manage a team of engineers who themselves hold university degrees, you may very well qualify for L-1A status and your chance of getting an approval could be better than if you refile the L-1B.
more...
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pamposh
10-05 08:12 AM
Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.
Nothing makes sense.
Thanks
Senthil
Are you serious? what country is he from... just curious... i am EB2 sep 2005, sounds like I should not loose my hope...:cool:
Nothing makes sense.
Thanks
Senthil
Are you serious? what country is he from... just curious... i am EB2 sep 2005, sounds like I should not loose my hope...:cool:
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GCwaitforever
08-16 11:21 AM
I am just quoting another way to move from EB-3 to EB-2 without having to file for PERM labor etc ... if you are in the same company. If the original labor petition is qualified for EB-2, but I-140 was applied in EB-3 category then that same approved EB-3 I-140 petition could be used as a supporting document in lieu of original labor certification to file another I-140 EB-2 petition. This is assuming that the attorney filed I-140 in the wrong category first time.
Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.
I hope this clarifies everything. I am not an attorney. Use the information at your own risk.
Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.
I hope this clarifies everything. I am not an attorney. Use the information at your own risk.
more...
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gc_check
01-08 10:39 AM
I used standard 2x2. Its mentioned at their website too.
Thanks for quick response.
Thanks for quick response.
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thomachan72
01-21 12:07 PM
I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)
What do you think?
I agree 101%:D:D
What do you think?
I agree 101%:D:D
more...
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ArkBird
07-09 04:22 PM
I think your asylum status is triggering red light. VO has all the reasons to believe that your family may also apply for asylum once they are in USA because you did even with strong family ties in home country.
Hope this helps.
ArkBird
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
Hope this helps.
ArkBird
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
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SAP
04-07 03:36 PM
Folks,
can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?
Future GC labor PD : Dec 2002
Category: EB3.
I140 : approved 2004
I485: RFE on expired medicals; new medicals submitted.
EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)
Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
your postive comments and if you have been in this situation pls tell me how you managed.
Thanks
SAP
can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?
Future GC labor PD : Dec 2002
Category: EB3.
I140 : approved 2004
I485: RFE on expired medicals; new medicals submitted.
EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)
Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
your postive comments and if you have been in this situation pls tell me how you managed.
Thanks
SAP
more...
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ashutrip
07-18 12:48 PM
how long does it take to get Hard Copy of labor Approval from atalanta center?
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spicy_guy
04-08 04:58 PM
I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)
Krupa
See how bad EB3 I shape is...
7,100 until 2002 Dec. That means, 2.5+ years before it hits Jan 1, 2003.
What about the people with PD > 2005. 33,400 / 2800 per year. 11+ years. :)
Retire!
Krupa
See how bad EB3 I shape is...
7,100 until 2002 Dec. That means, 2.5+ years before it hits Jan 1, 2003.
What about the people with PD > 2005. 33,400 / 2800 per year. 11+ years. :)
Retire!
more...
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BharatPremi
07-15 11:11 PM
Guys,
Just recently moved from Milwaukee, WI to Plano, TX (DFW) area. Just let me know what need to be done from my side. Awaiting eagerly.
- BharatPremi
Just recently moved from Milwaukee, WI to Plano, TX (DFW) area. Just let me know what need to be done from my side. Awaiting eagerly.
- BharatPremi
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leoindiano
07-09 01:15 PM
Mine is TSC peding since May 2006.
Upgraded to PP on Jun 19th 2007, no updates yet.
Mine is TSC too...
Upgraded to PP on Jun 19th 2007, no updates yet.
Mine is TSC too...
more...
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darslee
07-08 02:13 PM
Well if he does indeed visit regularly.....
I am NOT East Indian and I sent flowers too!
I am NOT East Indian and I sent flowers too!
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trs80
01-10 03:56 PM
Without a MS will be difficult to qualify for a EB2 position without a BS is imposible!
You have be waiting too much for your EB3 approval, I read that Chicago is working faster than Atlanta. Any update?
My company submited my PERM application for a EB2 position on december and I still waiting.
I copy your signature:)
Buena Suerte!
EB2, From: Dominican Republic. Residence: Puerto Rico
LC PERM - Atlanta PD: 12/2007: "In Process"
You have be waiting too much for your EB3 approval, I read that Chicago is working faster than Atlanta. Any update?
My company submited my PERM application for a EB2 position on december and I still waiting.
I copy your signature:)
Buena Suerte!
EB2, From: Dominican Republic. Residence: Puerto Rico
LC PERM - Atlanta PD: 12/2007: "In Process"
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onemorecame
06-25 04:18 PM
They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
fall2004us
08-14 02:28 PM
I didnt know that you can send a single check for all applications.. ??
It would have been better if you had split the checks.
Dont worry they might accept it now.
It would have been better if you had split the checks.
Dont worry they might accept it now.
varshadas
02-17 12:43 AM
A total of 39 people were in the conference call tonight including the core members(2) and the NJ state chapter members(2). I think this was really really good. Let's continue our efforts with this energy and momentum. Thank you everyone for attending the call tonight.
I just want to go over what we discussed in the call in brief:
Goals of the state chapters
Increasing the membership
Meeting the law makers
Methods to increase membership
Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
Distribute the flyers in the local train stations where traffic is maximum.
Distribute the flyers in the local temples.
Try to participate in local community events.
Try to get onto the local Indian/Chinese radio channels.
Try to connect with people at work and school.
Try to get stories in the local newspaper.
Any other methods can be explored by the individual state chapters.
Meet the law makers
Go to www.immigrationvoice.org
Click on Resources on the left
Click on Resources for "Meet Your Local Maker"
There are a number of things here that would help you in this.
People from the local constituency should set up an appointment with the
Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.
For setting up the appointment, we used the following letter format provided by the core team:
************************************************** ******
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are
suffering due to these delays and wish to bring this important issue in front
of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
************************************************** ******
Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
heading called Materials for the meeting in Resources->Meet Your Local Maker.
If possible, take your laptop for the presentation.
Begin by introducing yourself and that you are a member of IV which is a
national non-profit organization that is working towards providing relief to
skilled legal immigrants and that there is no other organization like
immigration voice in the USA.
Talk about the good things that the Congressman has done for the community (Research in advance).
More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.
If anyone has any questions, please contact IV or you can contact me too at
varshadas@hotmail.com.
I just want to go over what we discussed in the call in brief:
Goals of the state chapters
Increasing the membership
Meeting the law makers
Methods to increase membership
Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
Distribute the flyers in the local train stations where traffic is maximum.
Distribute the flyers in the local temples.
Try to participate in local community events.
Try to get onto the local Indian/Chinese radio channels.
Try to connect with people at work and school.
Try to get stories in the local newspaper.
Any other methods can be explored by the individual state chapters.
Meet the law makers
Go to www.immigrationvoice.org
Click on Resources on the left
Click on Resources for "Meet Your Local Maker"
There are a number of things here that would help you in this.
People from the local constituency should set up an appointment with the
Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.
For setting up the appointment, we used the following letter format provided by the core team:
************************************************** ******
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are
suffering due to these delays and wish to bring this important issue in front
of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
************************************************** ******
Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
heading called Materials for the meeting in Resources->Meet Your Local Maker.
If possible, take your laptop for the presentation.
Begin by introducing yourself and that you are a member of IV which is a
national non-profit organization that is working towards providing relief to
skilled legal immigrants and that there is no other organization like
immigration voice in the USA.
Talk about the good things that the Congressman has done for the community (Research in advance).
More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.
If anyone has any questions, please contact IV or you can contact me too at
varshadas@hotmail.com.