GCcomesoon
10-05 03:40 PM
Hi
So when are we meeting finally ? Whats the schedule
Thanks
GCcomesoon
So when are we meeting finally ? Whats the schedule
Thanks
GCcomesoon
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clif
04-28 10:54 AM
Thank you IV and the IV Community.
Contributed $100. (8K977573P7306562V)
Contributed $100. (8K977573P7306562V)
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nk2006
02-28 01:34 PM
If an H1 gets layed off, how soon must he leave before he is considered illegal status? And for practical purposes, does it matter (ie, is it ever enforced)? Does having severence extend the period (because you're technically still on payroll)?
Canadian, EB3, in 6th year H1, PD nov 04, 140 approved 2/07.
I got different explanations on this from different people and this is my understanding after reading different lawyer/employer opinions and after having gone thru one lay-off:
Technically you have to leave immediately. I am not sure if there is a clear law but lawyers suggest that we have to leave as soon as it is practical. INS/USCIS may be lenient if the time gap after job loss is very short (something like couple weeks). Many people quote a 30 day grace period after losing the job and I asked many lawyers � everyone said that there is no 30 grace period but they also told me that USCIS may be lenient if its less than 30 days and if we can give some reasonable explanation (if and when questions arise at the time of later 485 filing/approving). Does it ever enforced � not sure but its better to be on the cautious side. Severence period does not extend the period. The day we stopped going to office (stopped providing service to employer) is our final day.
Since you are a Canadian you can apply for a visitor visa (B1) � by applying the visa we will be in legal status until a decision is taken. B1 visa is generally approved if you give the reason of finishing up matters in US (like selling house/cars/closing bank accounts/credit accounts etc). I guess you are asking just to be informed but if it really happens another option for you is TN1 � if you have not yet applied for 485.
Canadian, EB3, in 6th year H1, PD nov 04, 140 approved 2/07.
I got different explanations on this from different people and this is my understanding after reading different lawyer/employer opinions and after having gone thru one lay-off:
Technically you have to leave immediately. I am not sure if there is a clear law but lawyers suggest that we have to leave as soon as it is practical. INS/USCIS may be lenient if the time gap after job loss is very short (something like couple weeks). Many people quote a 30 day grace period after losing the job and I asked many lawyers � everyone said that there is no 30 grace period but they also told me that USCIS may be lenient if its less than 30 days and if we can give some reasonable explanation (if and when questions arise at the time of later 485 filing/approving). Does it ever enforced � not sure but its better to be on the cautious side. Severence period does not extend the period. The day we stopped going to office (stopped providing service to employer) is our final day.
Since you are a Canadian you can apply for a visitor visa (B1) � by applying the visa we will be in legal status until a decision is taken. B1 visa is generally approved if you give the reason of finishing up matters in US (like selling house/cars/closing bank accounts/credit accounts etc). I guess you are asking just to be informed but if it really happens another option for you is TN1 � if you have not yet applied for 485.
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GCBy3000
07-17 03:54 PM
Will a part time MBA / executive MBA from reputed university do any trick for the existing H1b holders? I am not asking this for GC, but it is mere co-incidence with SKIL bill and my intention of doing MBA.
The very first para in August 2006 visa bulletin says...
This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 10th in the chronological order of the reported priority dates.
MY COMMENTS:
In may it was Apr'08, then it was Apr'15 and now it is again Apr'01. So when the dates are in April 15, more people have applied for 485(than I have imagined) to consume the VISA availability quota. I wonder, if those many people are there from 2001 April and before to consume the quota, then when will the datel move to May'01. Forget about the visa dates moving to July/Aug/..Dec 01.
If the SKIL bill or any other provision is not passed into the law, it is always better to have a secondary plan to save the career at least. It is better to think our family and career assuming what we will be doing if the priority dates does not cross Dec'01 in the next five years.
I personally think to move back to India if I do not see anything by march next year. Already I am in the end of seventh year. If the SKIL bill is not passed, I donot want to do a MBA here by spending 40K(partime ,100K fulltime) and then doing a sr.software er job. With the spagetti law, I cannot change my roles whatever qualifications I add after applying for my GC. I have been postponing the idea of starting my MBA for long time becos I would like to file my 485 before I work on that. Otherwise it is waste of time, energy and money. What a HELL...............
IF the U.S Master's exception goes through, its pretty obvious that the DOS will tighten the screws on F1 Visa approvals by a magnitude of 100(unless F1 is made a dual intent visa... and that's like asking for the sky), and also USCIS will make in close to impossible to change non-immigrant visas status to F1( from say H1B). So it’s more than the 20K to get ahead of the line. The only benefit will be for folks already with a U.S Master's or it will be a new rat hole, fighting the Consulates/USCIS for F1 status.
The very first para in August 2006 visa bulletin says...
This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 10th in the chronological order of the reported priority dates.
MY COMMENTS:
In may it was Apr'08, then it was Apr'15 and now it is again Apr'01. So when the dates are in April 15, more people have applied for 485(than I have imagined) to consume the VISA availability quota. I wonder, if those many people are there from 2001 April and before to consume the quota, then when will the datel move to May'01. Forget about the visa dates moving to July/Aug/..Dec 01.
If the SKIL bill or any other provision is not passed into the law, it is always better to have a secondary plan to save the career at least. It is better to think our family and career assuming what we will be doing if the priority dates does not cross Dec'01 in the next five years.
I personally think to move back to India if I do not see anything by march next year. Already I am in the end of seventh year. If the SKIL bill is not passed, I donot want to do a MBA here by spending 40K(partime ,100K fulltime) and then doing a sr.software er job. With the spagetti law, I cannot change my roles whatever qualifications I add after applying for my GC. I have been postponing the idea of starting my MBA for long time becos I would like to file my 485 before I work on that. Otherwise it is waste of time, energy and money. What a HELL...............
IF the U.S Master's exception goes through, its pretty obvious that the DOS will tighten the screws on F1 Visa approvals by a magnitude of 100(unless F1 is made a dual intent visa... and that's like asking for the sky), and also USCIS will make in close to impossible to change non-immigrant visas status to F1( from say H1B). So it’s more than the 20K to get ahead of the line. The only benefit will be for folks already with a U.S Master's or it will be a new rat hole, fighting the Consulates/USCIS for F1 status.
more...
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swamy
11-17 10:13 AM
thanks wd - I was looking for the comarata dude - & borgas who is apparently an immigrant himself. something like - what shaped their views and informs their opinions - they are extremely passionate and effective and dont hesitate to use personal anecdotes but never from their own life
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mbartosik
02-28 06:11 PM
I mailed to IV a batch maybe 70 today. My balance somewhere over 100 (about 117 I think)
Probably won't arrive in IV PO Box until Monday.
Probably won't arrive in IV PO Box until Monday.
more...
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justAnotherFile
03-19 11:02 PM
Please read section 405 of Bill Frists summary for his bill
http://frist.senate.gov/_files/031706section.pdf
It clearly mentions that the immediate application of I-140 and I-485 applies to f-4 visa holders only that too if they find a job in their field within 1 yr of graduating. and on payin $1000
it remains to be seen which category is elgibile for f-4 (only phds or more). it is possible that some current students on f-1 will be eligible for conversion to f-4.
for rest of f-1 students it simply allows for 2 yr OPT instead of curretn 1 yr.
it also implies that the labor cert exemption does not apply to already graduated MS or PhD STEM degree holders with or without 3 yrs exp.
my 2 cents
http://frist.senate.gov/_files/031706section.pdf
It clearly mentions that the immediate application of I-140 and I-485 applies to f-4 visa holders only that too if they find a job in their field within 1 yr of graduating. and on payin $1000
it remains to be seen which category is elgibile for f-4 (only phds or more). it is possible that some current students on f-1 will be eligible for conversion to f-4.
for rest of f-1 students it simply allows for 2 yr OPT instead of curretn 1 yr.
it also implies that the labor cert exemption does not apply to already graduated MS or PhD STEM degree holders with or without 3 yrs exp.
my 2 cents
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mbartosik
02-28 06:11 PM
I mailed to IV a batch maybe 70 today. My balance somewhere over 100 (about 117 I think)
Probably won't arrive in IV PO Box until Monday.
Probably won't arrive in IV PO Box until Monday.
more...
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grupak
06-25 10:38 AM
Please continue to call.
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Chiwere
05-16 03:33 PM
The text for HR 5140 Economic Stimulus Act 2008 has the following eligibility criteria:-
ELIGIBLE INDIVIDUAL- The term `eligible individual' means any individual other than--
(A) any nonresident alien individual,
(B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and
(C) an estate or trust.
Full text at:-
http://thomas.loc.gov/cgi-bin/query/F?c110:21:./temp/~c110hrzxe1:e1660:
Have to track down the ITIN rule pushed by FAIR and who all voted for it. It is amazing that xenophobes such as FAIR can get an amendment in so quickly and under the radar. Perhaps CHC should be focusing on them rather killing any immigration reform short of amnesty.
ELIGIBLE INDIVIDUAL- The term `eligible individual' means any individual other than--
(A) any nonresident alien individual,
(B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and
(C) an estate or trust.
Full text at:-
http://thomas.loc.gov/cgi-bin/query/F?c110:21:./temp/~c110hrzxe1:e1660:
Have to track down the ITIN rule pushed by FAIR and who all voted for it. It is amazing that xenophobes such as FAIR can get an amendment in so quickly and under the radar. Perhaps CHC should be focusing on them rather killing any immigration reform short of amnesty.
more...
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days_go_by
07-18 11:45 AM
Anybody thinking of this ...........
I know there is a whole lot of people asking if they can do a Executive MBA or Masters and qualify for the US Masters exemption. My question is, what about someone who started and did his Masters in his field of labor application from a accredited university, after applying for EB3 labor, and now has labor and 140 approved but waiting for PD, will this person also qualify for US Masters, or will he have to start a new labor application based on the masters degree ?
Gurus, please answer.
---
I think MS quota is for 485, so you should be exempt, but I don't think anyone knows for sure at this time.
I know there is a whole lot of people asking if they can do a Executive MBA or Masters and qualify for the US Masters exemption. My question is, what about someone who started and did his Masters in his field of labor application from a accredited university, after applying for EB3 labor, and now has labor and 140 approved but waiting for PD, will this person also qualify for US Masters, or will he have to start a new labor application based on the masters degree ?
Gurus, please answer.
---
I think MS quota is for 485, so you should be exempt, but I don't think anyone knows for sure at this time.
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delax
07-15 04:43 PM
Based on the labor approvals, I am expecting EB2 will touch 2007 in the next 3 to 5 visa bulletins.
I know you have been correct in the past but I think we have just gotten over the hump of 2003 and a small portion of 2004 for EB2. The majority of 2004 and early 2005 still remains. There was a huge jump in March 2005 to beat PERM. I dont understand how it will reach 2007
I know you have been correct in the past but I think we have just gotten over the hump of 2003 and a small portion of 2004 for EB2. The majority of 2004 and early 2005 still remains. There was a huge jump in March 2005 to beat PERM. I dont understand how it will reach 2007
more...
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makemygc
07-17 08:42 PM
that guy was classic.. with a poll and everything..hahahaha
Yeah, that was the case which definitely needs to be put on the top of the Hall of Shame we created. Does anyone remember his/her handle? I'll put him on the top of the list. But I don't think he has courage to show his face again.
Yeah, that was the case which definitely needs to be put on the top of the Hall of Shame we created. Does anyone remember his/her handle? I'll put him on the top of the list. But I don't think he has courage to show his face again.
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Imm_Exploited
03-21 12:31 PM
Before others trying to guess which country I belong to, I want to admit that I am from India.
The point I am trying to make is about the categorization of the Employment Based immigration, which in itself is proof of the differences between categories (including the EB-5 or the Religious category) as identified and classified by the USCIS/DOS.
It is altogether a different matter as to what exactly a person classified in a particular category is doing in his/her job.
I would like to question what qualifications some of the CEOs in this country have, who draw undeserving remuneration from their companies. How many of the Bear Stearns employees are immigrants, both who will still be working and those who are already fired or are likely to be fired soon? How may of the those sub-prime loans are taken by illegal or legal immigrants?
Before starting to question me as to how my post relates to immigration, I request every body to critically think and then respond.
Thanks - IE
The point I am trying to make is about the categorization of the Employment Based immigration, which in itself is proof of the differences between categories (including the EB-5 or the Religious category) as identified and classified by the USCIS/DOS.
It is altogether a different matter as to what exactly a person classified in a particular category is doing in his/her job.
I would like to question what qualifications some of the CEOs in this country have, who draw undeserving remuneration from their companies. How many of the Bear Stearns employees are immigrants, both who will still be working and those who are already fired or are likely to be fired soon? How may of the those sub-prime loans are taken by illegal or legal immigrants?
Before starting to question me as to how my post relates to immigration, I request every body to critically think and then respond.
Thanks - IE
more...
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ameryki
10-06 10:27 AM
Just a quick update I efiled on Sept 22nd 2009. Was assigned to LIN, Nebraska. Sent supporting documents the next day by first class mail. Received 2 copies of advance parole in the mail yesterday. Checked online this morning case was approved on October 2nd 2009. So basically from filing online to approval took 10 days total. I am amazed.
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humdesi
03-20 10:15 PM
I don't understand the confusion. Didn't Ron mention in an earlier post that the DoS guy who makes cutoff decisions said that all new EB-2 India visas will only come from EB-1 unused numbers?
Doesn't matter what Ron thinks - what matters is what DoS is planning to do.
Doesn't matter what Ron thinks - what matters is what DoS is planning to do.
more...
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chanduv23
09-04 02:47 PM
Jaime , Very good post and very encouraging. It will change at least a few minds.
Chanduv23 , I know you are a very active member in these forums and feel very strongly about these efforts. I can probably understand your frustration, But I don't think we can embrace/attract people by alienating them.
It is pretty broad generalization to say those who don't/can't attend the rally or those who does not have a positive disposition about the rally are bunch of lazy, TV watching , cards playing , bargain hunting , un-ambitious people.
Let us move with a positive message. :) :) .
If Jaime is the good cop, I am the bad cop :)
Chanduv23 , I know you are a very active member in these forums and feel very strongly about these efforts. I can probably understand your frustration, But I don't think we can embrace/attract people by alienating them.
It is pretty broad generalization to say those who don't/can't attend the rally or those who does not have a positive disposition about the rally are bunch of lazy, TV watching , cards playing , bargain hunting , un-ambitious people.
Let us move with a positive message. :) :) .
If Jaime is the good cop, I am the bad cop :)
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Jaime
09-10 06:54 PM
Still thinking about it? Keep sending me private messages and let's talk about what is preventing you from attending. I'll do aything to help you attend! Please let's talk!!!!
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rsrikant
07-20 10:37 AM
hey guys,
please put me in loop also..
my id is r s r i k a n t @ g m a i l . c o m
i will appreciate if you let me know how you plan to file for 485 with out receipt no...
please put me in loop also..
my id is r s r i k a n t @ g m a i l . c o m
i will appreciate if you let me know how you plan to file for 485 with out receipt no...
tuhin
04-09 04:44 PM
This feels good to see people helping out a complete stranger. Never saw such camaraderie elsewhere.
needhelp!
02-22 06:18 PM
Thank you H4 for all your efforts. I had +1 today. Got busy doing the easy work of putting those letters into envelopes and taking copies. I could do this all day, if only TX members would mail me those letters!!
Please join in folks.
Please join in folks.
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