Rajeev
05-23 09:42 AM
May 23, 2010 07:40:49 PDT
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Transaction ID: 7D653876GU971351C
Donation to Support Immigration Voice (User: Rajeev)
$100.00 USD 1 $100.00 USD
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BMS1
10-20 08:51 AM
Hi.
My friend's wife is in a tricky situation. She has an approved EAD through her husband's I-485 petition.
She was working with company A on her own H-1 and decided to quit employer A and join new company B on EAD. At the very last minute company B has rescinded her job offer. She now cannot return to former employer A as well.
Is she in any status violation if she justs sits at home with an EAD but no job for a few weeks ?
Can anyone share their views ?
Thank You.
I do not see any issue here at all. Most of the housewives (including mine) and sons/daughter take EAD/AP and do not work. EAD is just an authorization, not a compulsion to work. Being legal here stems from the fact that her petition to adjust status (I485) is pending for decision from USCIS.
My friend's wife is in a tricky situation. She has an approved EAD through her husband's I-485 petition.
She was working with company A on her own H-1 and decided to quit employer A and join new company B on EAD. At the very last minute company B has rescinded her job offer. She now cannot return to former employer A as well.
Is she in any status violation if she justs sits at home with an EAD but no job for a few weeks ?
Can anyone share their views ?
Thank You.
I do not see any issue here at all. Most of the housewives (including mine) and sons/daughter take EAD/AP and do not work. EAD is just an authorization, not a compulsion to work. Being legal here stems from the fact that her petition to adjust status (I485) is pending for decision from USCIS.
kc_p21
12-10 04:03 PM
Please
It's a sad day to see IVers granting each other 'red squares' , and committed members asking each other to 'shut up'.
We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.
Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !
It's a sad day to see IVers granting each other 'red squares' , and committed members asking each other to 'shut up'.
We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.
Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !
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maddipati1
07-24 01:53 PM
being EB3I myself, it makes me happy to hear a fellow EB3I getting GC. having said that...
the only and correct question about this whole thing is,
Can & will CIS legally take back the GC (even if its their mistake), in future, when they find out?
The answer sadly is,
Yes, they can, they will, as they already did in a few instances, as reported in these forums.
Not contacting CIS to correct the mistake, with a hope of 'they won't notice' and a logic of 'well, it's their mistake and i have to plead ignorance' is like the idiom, hiding your head in the sand, the Ostrich Effect.
the only and correct question about this whole thing is,
Can & will CIS legally take back the GC (even if its their mistake), in future, when they find out?
The answer sadly is,
Yes, they can, they will, as they already did in a few instances, as reported in these forums.
Not contacting CIS to correct the mistake, with a hope of 'they won't notice' and a logic of 'well, it's their mistake and i have to plead ignorance' is like the idiom, hiding your head in the sand, the Ostrich Effect.
more...
ak27
02-26 10:12 AM
You should make an appointment with info pass and carry all needed documents with you. They should be able to help. It is not perfect solution but it works. My wife had applied her AP which did not show up even after three months, in mean time we have had an emergency. I made an appointment with info pass, it was approved within a day. It is worth a try.
grupak
06-23 05:10 PM
Thank you for the participation everyone.
more...
vin13
02-26 11:04 AM
My Mother in law is severely sick, and my wife needs to travel asap. We need to get her AP, as it's expired.
1. Is there an urgent processing option for the AP? And how ?
2. Can she travel on the receipt of application, and I can send the AP document to her by FEDEX?
Thanks,
Just go to the USCIS office even if you do not get an infopass. Go with I-485 receipt, 2 passport size photos. If you go first thing in the morning, you might be able to get the AP issued to you the same day. MAKE SURE YOU TAKE A LETTER FROM THE HOSPITAL/DOCTOR STATING HER CONDITION. It can be a faxed copy.
1. Is there an urgent processing option for the AP? And how ?
2. Can she travel on the receipt of application, and I can send the AP document to her by FEDEX?
Thanks,
Just go to the USCIS office even if you do not get an infopass. Go with I-485 receipt, 2 passport size photos. If you go first thing in the morning, you might be able to get the AP issued to you the same day. MAKE SURE YOU TAKE A LETTER FROM THE HOSPITAL/DOCTOR STATING HER CONDITION. It can be a faxed copy.
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belmontboy
08-21 06:34 PM
I am not sure if it is only me.....but many times I see strangers wishing me or each other morning, evening...."how u doing" ,,,etc....
but Indians (I am also an Indian -:) are a little reserved....I do not see a greeting from fellow Indians that easily.....again I am not saying Indians are bad (cause I too am one -;)
maybe it is a culture thing for us not to greet strangers ?
PS - I have had my share of experience where non-Indians are also sometime rude me to me .....
mommy told me not to talk to strangers :p
but Indians (I am also an Indian -:) are a little reserved....I do not see a greeting from fellow Indians that easily.....again I am not saying Indians are bad (cause I too am one -;)
maybe it is a culture thing for us not to greet strangers ?
PS - I have had my share of experience where non-Indians are also sometime rude me to me .....
mommy told me not to talk to strangers :p
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delax
07-15 05:18 PM
How we are getting 50k is like this.
1) EB1 Over Flow (50% of EB1 was unused last year) 46k/2= 23k
2) EB2 Over Flow , this number is still fuzzy. But lets say around 10k.
3) EB2 India has quota of 3500.
So approx 40k.
Thanks for the post. However I read testimony that said more than 80% of EB visas have been used up. That leaves only 28k (20% of 140k) at most as spill over for Fiscal 2008. Thoughts?
1) EB1 Over Flow (50% of EB1 was unused last year) 46k/2= 23k
2) EB2 Over Flow , this number is still fuzzy. But lets say around 10k.
3) EB2 India has quota of 3500.
So approx 40k.
Thanks for the post. However I read testimony that said more than 80% of EB visas have been used up. That leaves only 28k (20% of 140k) at most as spill over for Fiscal 2008. Thoughts?
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swaroopmukka
07-18 10:39 AM
Hello,
I'm also in the same situation. My labor is approved May 2007. I'll need to apply for both 140 and 485 together. Can I do it at the same time ?? or do I need to file my 140 immediately and then 485 after a few days. Time is running out now, as we never know when USCIS would again stop accepting 485s. Please advice.
Thanks
I'm also in the same situation. My labor is approved May 2007. I'll need to apply for both 140 and 485 together. Can I do it at the same time ?? or do I need to file my 140 immediately and then 485 after a few days. Time is running out now, as we never know when USCIS would again stop accepting 485s. Please advice.
Thanks
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billu
08-23 10:16 AM
It is hard to compare Canada vs India. India as other problems. If you want finance sector jobs then it is Bombay. It involves long travel
of 2 hours in locals each way. 4 hours travel...there is no personal time left after work. I personally cant take it...it might be different
for others. Power problems, traffic jam etc is there. It about what you consider quality of life, and that is different from person to person.
coming to US/Canada vs india, my friend who went back to india after 6 yrs here on h1b last april, says that he has adjusted back to his life there.......he has power cuts,limited water supply,traffic jams,long commute,sarkari issues like bills etc (hes in delhi)but he has accepted that as a part of life just like the first 25 yrs of his life when he was in india......so its very subjective and a matter of personal choice.......if u are ready to adapt,then u will be fine but if u always keep comparing ur lifestyle here v/s in india in terms of "quality of life" then u'll not b satisfied
of 2 hours in locals each way. 4 hours travel...there is no personal time left after work. I personally cant take it...it might be different
for others. Power problems, traffic jam etc is there. It about what you consider quality of life, and that is different from person to person.
coming to US/Canada vs india, my friend who went back to india after 6 yrs here on h1b last april, says that he has adjusted back to his life there.......he has power cuts,limited water supply,traffic jams,long commute,sarkari issues like bills etc (hes in delhi)but he has accepted that as a part of life just like the first 25 yrs of his life when he was in india......so its very subjective and a matter of personal choice.......if u are ready to adapt,then u will be fine but if u always keep comparing ur lifestyle here v/s in india in terms of "quality of life" then u'll not b satisfied
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rajuram
06-09 12:52 AM
It is very easy to write but difficult to do. Except for IV folks there are hardly any fighters out there for our cause. We have all seen the result....CIR that favors ill-legals but decreases visa numbers for the EB cases.
You may also say ... In this country, no one gives it to you. You have to fight for it. :rolleyes:
You may also say ... In this country, no one gives it to you. You have to fight for it. :rolleyes:
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addsf345
01-12 06:26 PM
Hi All,
I got a notice from uscis on sept 24th stating that my 485 has been withdrawn as my previous employer withdrew my 140. I filed in july 2007 , and ported to a new job in April 2008. I filed an MTR on 24th Sept, but the status of the MTR is still received and pending. Its going to be 180 days since my 485 has been withdrawn on march 9th. And my lawyer is saying that i have to leave this country if we dont get the MTR accepted before 180 days.
Gurus could you please suggest some ideas on all possible steps that can be taken..
Thanks
As per my knowledge, your lawyer waited too long and he/she may not be very well versed in immigration matters. When MTR is pending and If you do not receive anything within 60 to 90 days, you should immediately file an appeal in court. This is what I read on some forums, but I am not a lawyer, consult a good attorney soon. You need a seasoned professional immigration lawyer for this. Wish you very best of luck!
I got a notice from uscis on sept 24th stating that my 485 has been withdrawn as my previous employer withdrew my 140. I filed in july 2007 , and ported to a new job in April 2008. I filed an MTR on 24th Sept, but the status of the MTR is still received and pending. Its going to be 180 days since my 485 has been withdrawn on march 9th. And my lawyer is saying that i have to leave this country if we dont get the MTR accepted before 180 days.
Gurus could you please suggest some ideas on all possible steps that can be taken..
Thanks
As per my knowledge, your lawyer waited too long and he/she may not be very well versed in immigration matters. When MTR is pending and If you do not receive anything within 60 to 90 days, you should immediately file an appeal in court. This is what I read on some forums, but I am not a lawyer, consult a good attorney soon. You need a seasoned professional immigration lawyer for this. Wish you very best of luck!
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alterego
12-01 10:17 PM
The intent of this thread is good. There are however practical considerations.
Many of us are from India. In the era pre opening up its economy, we had many well educated folks unable to get jobs there. The socialist strangle was such that highly educated people had no suitable jobs and private enterprise was actively discouraged. Many sought economic and professional refuge in more capitalist economies and to some extent we are still seeing the spillover from the policies of that era, with an excess supply of human skilled capital there and opportunities still not able to spread to the whole economy/population.
The reason I am saying all this is, investing in skills like masters etc is generally a good thing, but not always. In fact there are many studies to prove this point, some demonstrate that too much education is a negative predictor of economic success.
In our situation, capital is important, whereever we end up. Since in a capitalist model money works for you, and obviously if you have enough of it then you can spend your time doing other things, charity work or whatever warms your heart. Doing an MBA or any other higher education is very expensive in america. It is an investment. If you end up here, it will perhaps turn out to be a good investment, otherwise it will be of limited use to us especially in India, especially if a global recession hits.
Pessimistic you say, lets reserve judgement on that and consider all of the geo political issues going on right now.
If that is so the capital preserved by not doing an MBA in a top ten school which I estimate to be about 60-70K if I am not mistaken might be put to another use.
What do you guys think about this line of argument.
Many of us are from India. In the era pre opening up its economy, we had many well educated folks unable to get jobs there. The socialist strangle was such that highly educated people had no suitable jobs and private enterprise was actively discouraged. Many sought economic and professional refuge in more capitalist economies and to some extent we are still seeing the spillover from the policies of that era, with an excess supply of human skilled capital there and opportunities still not able to spread to the whole economy/population.
The reason I am saying all this is, investing in skills like masters etc is generally a good thing, but not always. In fact there are many studies to prove this point, some demonstrate that too much education is a negative predictor of economic success.
In our situation, capital is important, whereever we end up. Since in a capitalist model money works for you, and obviously if you have enough of it then you can spend your time doing other things, charity work or whatever warms your heart. Doing an MBA or any other higher education is very expensive in america. It is an investment. If you end up here, it will perhaps turn out to be a good investment, otherwise it will be of limited use to us especially in India, especially if a global recession hits.
Pessimistic you say, lets reserve judgement on that and consider all of the geo political issues going on right now.
If that is so the capital preserved by not doing an MBA in a top ten school which I estimate to be about 60-70K if I am not mistaken might be put to another use.
What do you guys think about this line of argument.
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Hinglish
03-21 03:03 PM
Dude...read your post properly...u are making a statement...u r not saying it is what USCIS thinks...
And nobody is insecure over here..it's just people like u who have made this forum a place of hatred between people of different countries....
Didn't u learn on day 1 of ur job?...read a few times before u post/mail to anyone....u have no right to use words EB3 and unskilled together...
If u think USCIS thinks that way....pls mention it so...Get a life
FYI...I AM INDIAN
OOOPs you are an Indian.... and how does that affect this discussion?
My mistake .... I thought you were a normal person discussing immigration related matters on an immigration forum and hence have the ability to discern, understand and have some background on immigration law, USCIS
And nobody is insecure over here..it's just people like u who have made this forum a place of hatred between people of different countries....
Didn't u learn on day 1 of ur job?...read a few times before u post/mail to anyone....u have no right to use words EB3 and unskilled together...
If u think USCIS thinks that way....pls mention it so...Get a life
FYI...I AM INDIAN
OOOPs you are an Indian.... and how does that affect this discussion?
My mistake .... I thought you were a normal person discussing immigration related matters on an immigration forum and hence have the ability to discern, understand and have some background on immigration law, USCIS
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jonty_11
06-27 02:23 PM
this shows that they can really work efficiently when needed.. Only they wont do it as a part of their daily Job..If they would not waste VISAS...we would all be happy!!
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gceverywhere
09-26 10:09 AM
How do I create a new thread?
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go_gc_way
06-14 02:53 AM
1st July is Sunday!!! so we have to apply on 2nd July..
Sure, though I am not back from a party... IT IS INDEED PARTY TIME FOR MANY :D
My question was more specific, with dates being current, can you apply for 485 on any day of next month July.
I suppose the next bulletin for Aug (that may probably be released 10 or 11 July) will be only effective since Aug 1st.
Please confirm.
Sure, though I am not back from a party... IT IS INDEED PARTY TIME FOR MANY :D
My question was more specific, with dates being current, can you apply for 485 on any day of next month July.
I suppose the next bulletin for Aug (that may probably be released 10 or 11 July) will be only effective since Aug 1st.
Please confirm.
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sapota
09-27 11:54 AM
I probablly know the answer to my own question, but would like to know other opinions. My lawyere tells me this. Since the dates were current when I filed for my I485 in July, the application will be processed regardless of what the dates are right now. Another words, he thinks that even though the dates are showing as 2002, my application will be processed since when we filed, they were current.
is this true. If so, then provided I pass background check in time, i should expect my GC in a year or so. but if I have to wait until 2002 Row becomes current, in my case 2005.. then I am majorlly scrwed...
thaughts.
Your application will be processed until the stage where a visa number is needed to adjudicate your case. Since EB3 (am assuming here) ROW is not current. Your app will wait until visa numbers for your category becomes current. In other words, your last sentence may be true. But not if you become vocal about your plight and fight for it through activism (i.e by supporting Immigration Voice).
is this true. If so, then provided I pass background check in time, i should expect my GC in a year or so. but if I have to wait until 2002 Row becomes current, in my case 2005.. then I am majorlly scrwed...
thaughts.
Your application will be processed until the stage where a visa number is needed to adjudicate your case. Since EB3 (am assuming here) ROW is not current. Your app will wait until visa numbers for your category becomes current. In other words, your last sentence may be true. But not if you become vocal about your plight and fight for it through activism (i.e by supporting Immigration Voice).
amitga
10-04 03:58 PM
Lets start spreading word that MI chapter meeting on 10/20.
kate123
02-24 05:02 PM
I am finding it difficult understanding what author meant here...
Can some one please help me understanding the text below from (paragraph 8)
http://www.ilw.com/articles/2009,0225-endelman.shtm
USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin. Rather, both State and CIS could post estimated "qualifying dates" on their websites so that, precisely as now happens in a consular case, USCIS would now allow pre-filing of adjustment applications so that applicants could begin to assemble the necessary documentation and send in their I-485 packages so that USCIS could conduct necessary checks and get the case ready for formal submission when the priority date is reached. Only at that point would CIS formally request an immigrant visa number from the State Department. Not until then would the adjustment of status be considered "filed". The beauty of this is that Congress need not lift a finger; all that need be done is for USCIS to modify the definition of filing contained in 8 CFR Sections 103.2 (a)(7) and 245.2(a)(2). If Congress wanted to ratify what the USCIS had done, it could certainly do so after the fact. Everything that we now consider to be the adjustment of status process could take place before the I-485 is "filed". Nothing could be simpler. The reason to seek Congressional modification of INA 245(a) is not because it is only way forward but because, by enshrining such a procedural benefit in the INA itself, it will be a much more secure right, one not subject to administrative whim or unilateral repeal. This process would not only afford the Visa Office a more accurate picture of adjustment demand but it holds out the potential of drastically slashing processing times. Far from granting adjustment applicants any special or unfair advantage, the use of qualifying dates as a way to define immediate visa availability would serve to harmonize the green card process in and out of the United States. Clearly, close and constant coordination between the Visa Office and USCIS would be required and integration of this procedural innovation with the Child Status Protection Act is transparently necessary. Given the obvious and not insignificant benefits, any transitional angst is surely worth the effort.
Does it mean pre filing can be done through executive power?
Thank you.
Can some one please help me understanding the text below from (paragraph 8)
http://www.ilw.com/articles/2009,0225-endelman.shtm
USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin. Rather, both State and CIS could post estimated "qualifying dates" on their websites so that, precisely as now happens in a consular case, USCIS would now allow pre-filing of adjustment applications so that applicants could begin to assemble the necessary documentation and send in their I-485 packages so that USCIS could conduct necessary checks and get the case ready for formal submission when the priority date is reached. Only at that point would CIS formally request an immigrant visa number from the State Department. Not until then would the adjustment of status be considered "filed". The beauty of this is that Congress need not lift a finger; all that need be done is for USCIS to modify the definition of filing contained in 8 CFR Sections 103.2 (a)(7) and 245.2(a)(2). If Congress wanted to ratify what the USCIS had done, it could certainly do so after the fact. Everything that we now consider to be the adjustment of status process could take place before the I-485 is "filed". Nothing could be simpler. The reason to seek Congressional modification of INA 245(a) is not because it is only way forward but because, by enshrining such a procedural benefit in the INA itself, it will be a much more secure right, one not subject to administrative whim or unilateral repeal. This process would not only afford the Visa Office a more accurate picture of adjustment demand but it holds out the potential of drastically slashing processing times. Far from granting adjustment applicants any special or unfair advantage, the use of qualifying dates as a way to define immediate visa availability would serve to harmonize the green card process in and out of the United States. Clearly, close and constant coordination between the Visa Office and USCIS would be required and integration of this procedural innovation with the Child Status Protection Act is transparently necessary. Given the obvious and not insignificant benefits, any transitional angst is surely worth the effort.
Does it mean pre filing can be done through executive power?
Thank you.
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