marblerock
06-11 12:32 PM
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Please feel free to influence any bill any way you please. Seems like you are in cotrol of your destiny. When you point that SELFISH finger at the IV core, also look at the three fingers pointing back at you.
The IV position on the pertinent amendments already discussed on the floor is on the the front page of the website.
If your are privy to the amendments being negotiated behind the scenes, please be kind and share the information with us. None of us has any information on these and as such cannot take a position.
In my opinion you are asking for it. If everyone was not fatigued from last week, your allegedly disappearing thread would be flaming out pretty fast.
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Please feel free to influence any bill any way you please. Seems like you are in cotrol of your destiny. When you point that SELFISH finger at the IV core, also look at the three fingers pointing back at you.
The IV position on the pertinent amendments already discussed on the floor is on the the front page of the website.
If your are privy to the amendments being negotiated behind the scenes, please be kind and share the information with us. None of us has any information on these and as such cannot take a position.
In my opinion you are asking for it. If everyone was not fatigued from last week, your allegedly disappearing thread would be flaming out pretty fast.
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nlssubbu
10-08 08:12 PM
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
mrdelhiite
08-08 09:10 AM
roseball, agree. got same resp from my attorney while filing AOS for my wife
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yup Senthil Thanks a lot for your reply.
-M:D
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yup Senthil Thanks a lot for your reply.
-M:D
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eager_immi
05-30 01:42 PM
GC is not for you to apply it is based on the employer. Many employers wait to file in the 5th year so you do not leave the company. Also every time your job changes within the company (which is also not in your hand) your employer will re-file labor. So you could have been here like me for 9 years with a priority date on May 2005 and bc of change in job position it will become Dec 2007 and never get your green card.
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
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nashdel
08-07 11:09 PM
Mine approved August 2nd, Wife`s pending. May be this is one of the administrative fixes from USCIS! As primary on EAD I would have to Work in same job classification, can not stay here for long without work or open a new business. But spouse on EAD can do either one of those per my knowledge. They can allot visa number to another primary. I do not think this is the reasoning from USCIS and there has to be some other reason though such as security check. I wonder if it is smart for them to allot visa numbers to primary and secondary in 2:1 ratio. Will ease problems for lot of people.
sundeep14
07-23 10:09 AM
as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...
on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?
I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???
on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?
I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???
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wandmaker
02-18 06:29 PM
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
If you could post some official documentation that would help rajesh1972
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
If you could post some official documentation that would help rajesh1972
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prem_goel
03-07 08:06 PM
Hello Ann,
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.
Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.
I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.
Please advise,
Thanks
P
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.
Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.
I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.
Please advise,
Thanks
P
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
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amar123
07-12 04:26 PM
I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
FBI delays is the prime reason for this fiasco.
BTW my AOS is pending due to indefinite background check delay.
Every guy thinks that his/her problem is always the biggest bottleneck
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
FBI delays is the prime reason for this fiasco.
BTW my AOS is pending due to indefinite background check delay.
Every guy thinks that his/her problem is always the biggest bottleneck
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sledge_hammer
05-14 04:21 PM
^_^_^_^_^
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seeking_GC
09-23 04:14 AM
Hi boreal,
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
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LostInGCProcess
08-26 02:23 PM
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
"She can not get an H4 though... thats seen as abandoning your AOS status..."
I have no idea how you came to this conclusion...she is a dependent I-485 applicant. Does it really matter if she is on H1 or H4? I think that is not true what you are saying.
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
"She can not get an H4 though... thats seen as abandoning your AOS status..."
I have no idea how you came to this conclusion...she is a dependent I-485 applicant. Does it really matter if she is on H1 or H4? I think that is not true what you are saying.
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nonimmi
06-11 04:39 PM
Please keep all bilateral discussion between yourself. Most discussions are soon being targeted to personal criticism or attack. Please respect others views (which are following IV line of course) and be polite.
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coopheal
02-11 11:35 AM
Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?
As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.
At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.
Thank you
There are reasons why IV take certain bills and do not focus on others. The main reason being chances of it getting passed in way or form which will help our situations.
Even then there are no guarantees that any bill will pass.
As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.
At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.
Thank you
There are reasons why IV take certain bills and do not focus on others. The main reason being chances of it getting passed in way or form which will help our situations.
Even then there are no guarantees that any bill will pass.
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eb3_2004
11-09 12:57 PM
I finished this survey!!!
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pbojja
03-18 04:59 PM
Sorry but little confused .
Did you apply the GC with the company you are working for now? If so why do you want to change Employer before I140 is approved .
If you change the company and if there is a query on your 140 you are back to square1 .
I would recommend you work on I140 approval , as amit suggested contact your senator
Did you apply the GC with the company you are working for now? If so why do you want to change Employer before I140 is approved .
If you change the company and if there is a query on your 140 you are back to square1 .
I would recommend you work on I140 approval , as amit suggested contact your senator
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logiclife
04-13 11:23 AM
We have to first have confidence on our own strengths. We are a 10.5K strong group and well poised to become the largest grassroots advocacy organization of high skilled immigrants.
Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.
No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.
There are people in Washington DC who influence congress as their profession. They are called "Lobbyists". Like the ones we have hired, with Patton-Boggs.
And then there is an organization like Immigration Voice that is raising funds to pay for lobbying.
What value can an Indian American organization add that Immigration Voice and professional lobbying cannot add?
Indian American Organizations have been educated many many times about this problem by Immigration Voice. We have told them that if you represent the 2.3 million Indian American Community, then you should be working on this issue, because this issue affects 1 out of every 5 Indian Americans of that 2.3 million.
Well, they have shown very lukewarm response.
And frankly, they have other agendas and we shouldnt honestly expect them to do our bidding.
We call ourselves highly skilled, implying that we are reasonably wellpaid. Also, we are 500,000 strong. And we have an organization to raise money and pay for lobbying. So why CANT WE HELP OURSELVES?
Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.
No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.
There are people in Washington DC who influence congress as their profession. They are called "Lobbyists". Like the ones we have hired, with Patton-Boggs.
And then there is an organization like Immigration Voice that is raising funds to pay for lobbying.
What value can an Indian American organization add that Immigration Voice and professional lobbying cannot add?
Indian American Organizations have been educated many many times about this problem by Immigration Voice. We have told them that if you represent the 2.3 million Indian American Community, then you should be working on this issue, because this issue affects 1 out of every 5 Indian Americans of that 2.3 million.
Well, they have shown very lukewarm response.
And frankly, they have other agendas and we shouldnt honestly expect them to do our bidding.
We call ourselves highly skilled, implying that we are reasonably wellpaid. Also, we are 500,000 strong. And we have an organization to raise money and pay for lobbying. So why CANT WE HELP OURSELVES?
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iv_only_hope
02-17 10:10 AM
Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?
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extra_mint
02-06 11:41 AM
Congratulations Ivar.
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
leoindiano
07-12 10:04 AM
DOS chief is a puppet for republican government. He is neck deep on the attorney's firing case.
They thought they can keep us quite by opening gates. Then CIR died. Then they closed the gates.
They thought they can keep us quite by opening gates. Then CIR died. Then they closed the gates.
tamil12
10-15 02:04 PM
I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.
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