Dhundhun
08-05 01:45 PM
I think over this issue several times (my kids are of this age).
A person (Indian) with green card marrying to an Indian Citizen (whether in Indian or on H1 Visa or on F1 Visa) offers no help but adds misiries to spouse and family.
Somtimes I think, it to be a pressure technique - hey now you have GC and you are unmarried - so marry American (or GC holder) and contribute to growth and well being of those who are already in US.
My 2 cents on this situation.
A person (Indian) with green card marrying to an Indian Citizen (whether in Indian or on H1 Visa or on F1 Visa) offers no help but adds misiries to spouse and family.
Somtimes I think, it to be a pressure technique - hey now you have GC and you are unmarried - so marry American (or GC holder) and contribute to growth and well being of those who are already in US.
My 2 cents on this situation.
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raysaikat
07-10 07:39 PM
Hi,
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
dollar500
12-09 12:15 PM
Situation:
H1b valid until 2010, visa stamp expired.
AP available
Not recieved EAD yet
Can you we go on a cruise to Bahamas?
Also do Indian citizens need visa to Bahamas cruise?
Thanks in advance
H1b valid until 2010, visa stamp expired.
AP available
Not recieved EAD yet
Can you we go on a cruise to Bahamas?
Also do Indian citizens need visa to Bahamas cruise?
Thanks in advance
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Fightwithfate
03-18 01:34 PM
Why you think that is not possible?
What do you mean by "new system"?
If you want to wait until approval, file H-1B premium. If you have skills and its "bonafide job", not much risk for H-1B denial. Note, H-1B visa is not for speculative employment.
________________
Not a legal advice.
I posted here some of the total wait time(LCA 7days and H1 15 days) not for aguing whether I have skills or lack of skill.It is true a better skilled person always there than some one.
What do you mean by "new system"?
If you want to wait until approval, file H-1B premium. If you have skills and its "bonafide job", not much risk for H-1B denial. Note, H-1B visa is not for speculative employment.
________________
Not a legal advice.
I posted here some of the total wait time(LCA 7days and H1 15 days) not for aguing whether I have skills or lack of skill.It is true a better skilled person always there than some one.
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140jibjab
10-04 11:28 AM
Please Register me!!
dilipb
02-16 01:53 PM
If an individual already has a pending AOS application on file when a retrogression occurs that places the cutoff earlier than the applicant's priority date, USCIS sets the application aside and will not adjudicate it until the priority date is current again. As an example, after months of stagnation, in June 2007 the priority date cutoffs for employment-based second and third preference (EB2 and EB3) applicants (the bulk of employment-based green card applicants) advanced dramatically for all countries of birth
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deba
08-06 08:53 AM
If you are not married before GC, you are in a crappy situation. If you marry you will have to deal with lots of mental misery, distance, stress etc. Not worth the pain. You can look at this option - after GC, you are allowed to stay outside the country for a max of 1 year without a permit and 2 years with a permit, without affecting your GC status. The flip side is your citizenship is delayed and you are similarly delayed in sponsoring your spouse. Also, it is not a good idea to stay out more than 6 months at a stretch in any calender year so that your citizenship is not affected. Maybe it would be a good idea to join lobbying efforts to allow sponsorship of immidiate family of GC holders. Lots of people are in this situation. Without a GC your professional life is screwed and with a GC your family life. Good Luck.
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alinaturkova
01-15 11:50 AM
Thank you so much for your responses! I did not mean to lie to the consulate when I answered "no" on the form the previous time. I think the thing that we've actually came back in time proves it. The new DS-160 form doesn't have this questions because I've heard that many people were confused by it. The consulate officer did not ask us if we were planning to immigrate to the US. I know of quite a few people who were issued a non-immigrant visa while replying "yes" to that question. Does it mean the law was broken on that case?
Does it matter if the "I-130" was not approved yet? Does it count "immigration intent" from the date they've received documents from my brother? Please comment. Thank you.
Does it matter if the "I-130" was not approved yet? Does it count "immigration intent" from the date they've received documents from my brother? Please comment. Thank you.
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manderson
01-04 12:18 PM
If IV is successful with this 485 filing ability by 2/15 deadline thing... when does it become law and more importantly how soon can we file for 485 (before or after the CIR wars in Mach-September)?
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eb3retro
07-19 05:37 PM
When is the last case for EB2 India approved?Just wanted to know the priority date of it.Mine is June 2006 EB2 when can i get my GC?Any guess?
By 2020 ..
PS : I am being very optimistic.
By 2020 ..
PS : I am being very optimistic.
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sracharla
08-22 08:27 PM
Hi,
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
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slns
04-11 10:43 PM
don't quite get your question but you may find it in the tracker here...by comparing it to the visa bulletins
http://immigrationvoice.org/tracker/tracker.php?view=2
Sorry for confusion
Here is the correct question
Once your case is current in Nebraska or Texas, then how long it will take to process the application
Example
Right now i am current on EB3 from Nebraska, when should i expect my application processed to get my GC. Pls post your reply
Thanks
slns
http://immigrationvoice.org/tracker/tracker.php?view=2
Sorry for confusion
Here is the correct question
Once your case is current in Nebraska or Texas, then how long it will take to process the application
Example
Right now i am current on EB3 from Nebraska, when should i expect my application processed to get my GC. Pls post your reply
Thanks
slns
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go2roomshare
01-03 05:13 PM
I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.
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invincibleasian
02-05 09:19 AM
Please explain what is student status and 221g. You mean , if you are student of any intitute in US, while your I-140 is approved?
I was here on F1 first and then converted o H1. I went for a H1 stamping after about 5years. Student status refers to the status of the F1 visa. They usually track it using SEVIS. My bad luck since SEVIS was not up that day or my name was not showing up since I was a pre sevis grad enrollment. 221g is a document they hand out if they cannot issue a visa due to lack of documents or need to no further administrative processing like verify employer/status on a visa etc. You need to either appear again before the consulate or they get back to your later. My case was a nightmare and I dont plan to ever go back again to India period. Guys do your research on the web regarding 221g do travel plans accordingly!
I was here on F1 first and then converted o H1. I went for a H1 stamping after about 5years. Student status refers to the status of the F1 visa. They usually track it using SEVIS. My bad luck since SEVIS was not up that day or my name was not showing up since I was a pre sevis grad enrollment. 221g is a document they hand out if they cannot issue a visa due to lack of documents or need to no further administrative processing like verify employer/status on a visa etc. You need to either appear again before the consulate or they get back to your later. My case was a nightmare and I dont plan to ever go back again to India period. Guys do your research on the web regarding 221g do travel plans accordingly!
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Nikith77
02-22 06:35 PM
we got our EAD cards today, and it is just for 1 year. Did anyone in IV get EAD for 1 year
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Prashant
02-23 10:04 AM
Yesterday on cnn and ofcourse on lou dobbs show there was a statement that I guess Chamber of commerce was drafting the CIR.. he was so pissed off about it .. I donno if it is possible to use IV lobbying to get our goals in CIR through Chamber of commerce.
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Contributed so Far: $325
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Contributed so Far: $325
$50/month recurring
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The7zen
03-23 11:01 AM
Apr 1st is not the start of a new Fiscal Year. You must be meaning the end of the first financial quarter?
FYI:
Not true, not all companies follow calendar year as their fiscal year....
Ex: MSFT, NWS, etc...
FYI:
Not true, not all companies follow calendar year as their fiscal year....
Ex: MSFT, NWS, etc...
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caliguy
09-17 01:13 PM
SOP - that is exactly the same reply I got. My PD is June 04, RD is 07/02/07, Notice Date is 08/24/07.
Yes, there is not much we can do except for keeping our fingers crossed. Good luck to everyone who is waiting. I think visa numbers are exhausted for September. Let's hope October will bring some good news for us.
Folks,
Here is the same old Cockney reply from TSC on inquiry for my wife's case through my area congressman:
TSC is currently processing I-485 visas based on filing date order. There are a large amount of cases that are being worked and your case will be worked in receipt date order. With the limited amount of visas that are currently available between now and September 30, 2009, there is no guarantee that your case can be completed before the end of FY2009. It is estimated, that in general, your case will be completed between 45 and 90 days.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Obviously that logic is bull crap, otherwise I also won't have been approved. We have the same receipt date and everything...........I guess there is so much we can do....
SoP
Yes, there is not much we can do except for keeping our fingers crossed. Good luck to everyone who is waiting. I think visa numbers are exhausted for September. Let's hope October will bring some good news for us.
Folks,
Here is the same old Cockney reply from TSC on inquiry for my wife's case through my area congressman:
TSC is currently processing I-485 visas based on filing date order. There are a large amount of cases that are being worked and your case will be worked in receipt date order. With the limited amount of visas that are currently available between now and September 30, 2009, there is no guarantee that your case can be completed before the end of FY2009. It is estimated, that in general, your case will be completed between 45 and 90 days.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Obviously that logic is bull crap, otherwise I also won't have been approved. We have the same receipt date and everything...........I guess there is so much we can do....
SoP
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ImmiLosers
09-25 10:54 AM
Substitution is fair? How about the people who he cut off?
With your attitude, IV would die soon...
I was not aware about EB2/EB3 when I filed my 1st Labor. Attorney did not educate me either. I changed my job (due to other reasons) and availed that opportunity to substitute PD. SUBSTITUTION OF I-140 is not only fair but helps shorten EB3 line as well. It also helps people who gets laid off while awaiting PD to get current.
Naga - Do you have I-140 for EB3?
With your attitude, IV would die soon...
I was not aware about EB2/EB3 when I filed my 1st Labor. Attorney did not educate me either. I changed my job (due to other reasons) and availed that opportunity to substitute PD. SUBSTITUTION OF I-140 is not only fair but helps shorten EB3 line as well. It also helps people who gets laid off while awaiting PD to get current.
Naga - Do you have I-140 for EB3?
abh
07-31 05:29 PM
Please help me with USCIS Phone Key Pad Entry Sequence to talk to USCIS. I need to know why my case was transferred to Local Office.
gotgc?
12-19 04:15 PM
1. If I-140 is not yet approved and withdrawn, you lose I-485/AP/EAD.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
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