GCSOON-Ihope
09-14 03:52 PM
Here are a few reasons why I want to get the gc:
1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
4) freedom to quit a job because the company/boss sucks
5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore
So am I doing what I really want?
No
I completely agree with you, especially regarding point #7...
It's not about money but more about the personal hopes, commitments, everything we already emotionaly invested by coming to this country...
To me, holding that GC in my hand would mean that I haven't gone through all the ordeals I have gone through so far for no reason...
1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
4) freedom to quit a job because the company/boss sucks
5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore
So am I doing what I really want?
No
I completely agree with you, especially regarding point #7...
It's not about money but more about the personal hopes, commitments, everything we already emotionaly invested by coming to this country...
To me, holding that GC in my hand would mean that I haven't gone through all the ordeals I have gone through so far for no reason...
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desi_voice
04-16 03:07 PM
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
Hi number30,
I know many of my friends who have Indian 3 yr bachelors & 2/3years of Masters + 5 years experience post education applied in EB2 and got I-140 approved and many of them got their GC too.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
Hi number30,
I know many of my friends who have Indian 3 yr bachelors & 2/3years of Masters + 5 years experience post education applied in EB2 and got I-140 approved and many of them got their GC too.
lotsofspace
01-04 09:45 AM
I wish....;)
Don't wish it loud......it might just come true :)
Don't wish it loud......it might just come true :)
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jonty_11
07-31 11:01 AM
http://immigrationvoice.org/forum/showthread.php?t=5814
Thx a Lot...
Thx a Lot...
more...
sangmami
07-27 12:44 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
Hope this helps
Thanks
mrajatish
12-14 08:40 AM
If an employer does not take advantage of employees by doing illegal things while applying for labor sub (e.g., asking for money, asking employee to sign a bond etc), it is a legitimate way to get GC. I have repeatedly said that PD transfer during labor sub should be stopped, if possible. However that has consequences too because of the stupid "labor must be pending 1 year for H1 extension" rule.
There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.
However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.
We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.
-Raj
There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.
However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.
We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.
-Raj
more...
hydboy77
06-02 06:30 PM
what the heck happenned. The text has completely changed since I voted. When I voted it clearly stated the unused visas would be recaptured for family based and employment based immigrants. now it only says for family based immigrants. Have we (employment based) been shafted, is visa recapture for us Eb immigrants or not?
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smuggymba
04-22 12:40 PM
If this "clothes" thing is used by the cops, the illegal immigrants will start wearing "legal types" clothes and then there will be chaos...ROFL.
Check this out: Brian Bilbray, GOP Rep., Claims Clothes Identify Illegal Immigrants (http://www.huffingtonpost.com/2010/04/22/brian-bilbray-gop-rep-cla_n_547710.html)
"trained professionals" can identify undocumented workers just by looking at their clothes......"They will look at the kind of dress you wear, there is different type of attire, there is different type of -- right down to the shoes, right down to the clothes," Bilbray replied.
How long before we are targeted based on this rationale (our traditional dresses are easily recognizable!!) ....... These policies will only spiral in the wrong direction, making every immigrant's life miserable - be it legal or illegal!!!
Check this out: Brian Bilbray, GOP Rep., Claims Clothes Identify Illegal Immigrants (http://www.huffingtonpost.com/2010/04/22/brian-bilbray-gop-rep-cla_n_547710.html)
"trained professionals" can identify undocumented workers just by looking at their clothes......"They will look at the kind of dress you wear, there is different type of attire, there is different type of -- right down to the shoes, right down to the clothes," Bilbray replied.
How long before we are targeted based on this rationale (our traditional dresses are easily recognizable!!) ....... These policies will only spiral in the wrong direction, making every immigrant's life miserable - be it legal or illegal!!!
more...
Siboo
07-27 04:22 PM
Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!
Guys....please say....well said (pat on my own back)
Well Said Kumar, Keep it up :mad: :mad:
Guys....please say....well said (pat on my own back)
Well Said Kumar, Keep it up :mad: :mad:
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number30
04-01 06:29 PM
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.
more...
ramus
07-02 04:03 PM
at the end please put total..
Thanks..
Thanks..
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whitecollarslave
02-12 06:41 PM
He sent me an email to pay $3500, do you think he will go legal for this, I did not sign any contract with him.
If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.
Please suggest.
All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.
Please suggest.
All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
more...
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akred
07-14 06:35 PM
it is not clear to me that this version allows legal kids to benefit
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
Siskind says it only benefits illegals. Read his comment on his blog at http://blogs.ilw.com/gregsiskind
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
Siskind says it only benefits illegals. Read his comment on his blog at http://blogs.ilw.com/gregsiskind
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webm
10-24 12:22 PM
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
May be even though your PD is current,but according to CIS shit rule your receive date should also fall under the ProcessingDates and then only IO will look over your case i guess...:(
This is what happened when i was current in May/June'08 told by Infopass/IO response..again back to circle waiting waiting..
-----------------------
PD:EB3-I Oct,2001
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
May be even though your PD is current,but according to CIS shit rule your receive date should also fall under the ProcessingDates and then only IO will look over your case i guess...:(
This is what happened when i was current in May/June'08 told by Infopass/IO response..again back to circle waiting waiting..
-----------------------
PD:EB3-I Oct,2001
more...
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perm
09-02 03:10 PM
Akhil, can you PM the copy of the letter you sent in with your AP renewal (efile). Also what did you enter in Class of admission? how much fee did you have to pay - 305 or 385?
Thanks in advance
perm
Thanks in advance
perm
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yash04
08-01 12:14 PM
great let me know once you see any activity..my 140 too was approved from TSC,how bout u?
yeah mine too was approved at TSC..they were very fast with 1-140's --hope they are as effecient this time around too...
will let you know if anything...no RN and no checque cashed...
yeah mine too was approved at TSC..they were very fast with 1-140's --hope they are as effecient this time around too...
will let you know if anything...no RN and no checque cashed...
more...
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badlucky
05-13 10:23 PM
140jibjab,
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
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Ramba
08-07 06:10 PM
Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
Don't even think about that, unless you want to go to jail. They can easily find out if you were staying in US while your marriage tookplace in India.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
Don't even think about that, unless you want to go to jail. They can easily find out if you were staying in US while your marriage tookplace in India.
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adibhatla
06-24 03:54 PM
On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!
All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.
All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.
chanduv23
07-31 10:47 AM
How did you get the LIN number for this case?
ras
05-20 02:23 AM
nothing against this thread but also please support the below cause. It helps reduce the backlogged applicants.
http://immigrationvoice.org/forum/showthread.php?p=342274#post342274
http://immigrationvoice.org/forum/showthread.php?p=342274#post342274
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