gc@waiting
09-30 04:39 PM
Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).
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chanduv23
07-09 12:48 PM
Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs
BharatPremi
08-02 10:06 AM
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
Normally it should not be a problem assuming your present employer is nice and you have good relations. If you leave the job before 180 days and if your employer says screw sundarpn then what will you do?:)
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
Normally it should not be a problem assuming your present employer is nice and you have good relations. If you leave the job before 180 days and if your employer says screw sundarpn then what will you do?:)
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Dhundhun
05-21 05:47 PM
I think, too many documents not required. The US Embassy in Delhi asks for:
If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.
Refer to http://newdelhi.usembassy.gov/nivbvisas.html.
Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).
If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.
Refer to http://newdelhi.usembassy.gov/nivbvisas.html.
Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).
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insight08
01-15 11:08 AM
Lazycis,
I sent you a pm requesting you to take a look at my situation. Would you be kind enough to give it a glance and let me know your opinion?
Thanks.
I sent you a pm requesting you to take a look at my situation. Would you be kind enough to give it a glance and let me know your opinion?
Thanks.
vidin
11-20 11:44 AM
They are desperately trying to throw everything including the kitchen sink...May be they will get the jobs offered by a company started by an immigrant...
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ushkand
08-14 11:48 AM
I have an LUD of 08/05/2007 on my 2006 approved I-140. I was hoping, like so many of us, that it meant CIS was entering my 485 in the system. But looking at the trend, it seems like CIS may only be gathering data on how many approved I-140 are currently in the system and make projections/plans for future work load etc.
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waitnwatch
05-25 07:40 PM
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
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no-tec
10-14 07:24 PM
i have one- im no-tec no one likes me though ? :q:
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gmb
02-02 01:17 AM
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.
This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.
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kcforgc
06-08 10:04 AM
did you provide social security number? temporary license can be issued only if you do not provide social security number.
Yes, they take all copies - SSN, I797, passport everytime the license has to be renewed. More frustrating thing is they only issue a paper license which is valid only for 30 days and the card is mailed in 3-4 weeks from Tallahassee (State capital) after they perform immigration & background check. This paper license can't be used for ID purposes.
Yes, they take all copies - SSN, I797, passport everytime the license has to be renewed. More frustrating thing is they only issue a paper license which is valid only for 30 days and the card is mailed in 3-4 weeks from Tallahassee (State capital) after they perform immigration & background check. This paper license can't be used for ID purposes.
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CADude
04-07 11:01 PM
My H1B job requirement is similar but not 100% same to GC Labor. Attorney said it can be different.
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
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immigration07
10-06 04:11 PM
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
I went thru all the arguments and counter arguments that this guy made. Some made sense others did not but the post attached below shows he is a piece of thrash full of vanity and arrogance. Just for yur info Mr. gctest getting into a second tier university in India and framing yur SOP with some thrash and sentiments will easily fetch yu a place in yur so called tier one UNiversities in US. I am sure you opted to do that as you were not able to get into any of the tier one B-schools or other similar place of higher learning in India because you did not have the grey matter in your head. Moreover students from those places come to US directly recruited by the companies in US (that too after paying a hefty placement fees per recruit and on a dual intent H1B visa) but unfortunately they too are in EB2 category............I am really happy that you got your GC and can merrily gloat about your academic proficiency and IQ level of "180" (but commonsense...) with much more freedom.
"gctest
Member Join Date: May 2008
Posts: 49
--------------------------------------------------------------------------------
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud
-------------------------------------------------------------------------------
Last edited by gctest : 10-03-2008 at 09:12 PM. "
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
I went thru all the arguments and counter arguments that this guy made. Some made sense others did not but the post attached below shows he is a piece of thrash full of vanity and arrogance. Just for yur info Mr. gctest getting into a second tier university in India and framing yur SOP with some thrash and sentiments will easily fetch yu a place in yur so called tier one UNiversities in US. I am sure you opted to do that as you were not able to get into any of the tier one B-schools or other similar place of higher learning in India because you did not have the grey matter in your head. Moreover students from those places come to US directly recruited by the companies in US (that too after paying a hefty placement fees per recruit and on a dual intent H1B visa) but unfortunately they too are in EB2 category............I am really happy that you got your GC and can merrily gloat about your academic proficiency and IQ level of "180" (but commonsense...) with much more freedom.
"gctest
Member Join Date: May 2008
Posts: 49
--------------------------------------------------------------------------------
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud
-------------------------------------------------------------------------------
Last edited by gctest : 10-03-2008 at 09:12 PM. "
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sunny02
08-18 02:34 PM
Thanks for the reponse imm_pro and kopra.
Hi Kopra,
My wife will be returing beack from india in mid october :(...
Hi Kopra,
My wife will be returing beack from india in mid october :(...
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gchope2k6
04-27 01:54 PM
Hmm, that's what I found weird also, how could it be both pre-adjudicated and under review ?! She did say pre-adjudicated at the past tense and my last LUD was 3/2/09, even if we went for fingerprinting the second time on 3/9/09 (no LUD after).
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johnnymore
03-18 04:12 PM
Wow, thanks so much for the fast responses. You can see how confused I am....I was in the wrong forum. Thank you for the heads-up and the redirection to the proper forums.
Much appreciated!!
Johnny
Much appreciated!!
Johnny
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arkrish68
02-21 02:06 AM
Recently I got laid off and I worried on how long it would take me to find a job, Here is my situation:-
* I have a green card
* Severance package I received is 7 months
* Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
* I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
* I have two kids, Wife is not working
* My salary expectations - 110k+
Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience
Thanks
Try to update your skills to the latest versions i.e SQL 2005 or SQL 2008. Try to find a job that gives a decent salary during this difficult economic times, don't have hight expected salary. I don't know your financial commitements just a suggestion. Try to contact few head hunters. Also try to join Linkedin and it is a good professional website. Some times I used to get calls through linkedin. If you are good at SQL Server you might even try as SQL developer and I think there are still few requirements in LA and southern california for sql developers. Try to upload your resume in monster, DICE or both. I am working as contractor since 2001 in USA and I always apply through Dice or Monster because my employer is not good in finding good projects as well as they won't always tell you the truth with regards to the billing rate. Always Have hope in life and this is just a temproary set back.
* I have a green card
* Severance package I received is 7 months
* Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
* I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
* I have two kids, Wife is not working
* My salary expectations - 110k+
Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience
Thanks
Try to update your skills to the latest versions i.e SQL 2005 or SQL 2008. Try to find a job that gives a decent salary during this difficult economic times, don't have hight expected salary. I don't know your financial commitements just a suggestion. Try to contact few head hunters. Also try to join Linkedin and it is a good professional website. Some times I used to get calls through linkedin. If you are good at SQL Server you might even try as SQL developer and I think there are still few requirements in LA and southern california for sql developers. Try to upload your resume in monster, DICE or both. I am working as contractor since 2001 in USA and I always apply through Dice or Monster because my employer is not good in finding good projects as well as they won't always tell you the truth with regards to the billing rate. Always Have hope in life and this is just a temproary set back.
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Cherry2006
06-27 01:11 AM
Hi,
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
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newuser
05-13 09:09 AM
Still waiting - 06/05/2011 NSC
wahwah
01-09 11:44 PM
i assume you're using cross-chargeability of your husband's country of birth.
if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
gbof
10-16 11:23 AM
[QUOTE=eb2_mumbai;1111915]Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)
QUOTE]
Never mind red-green. Please keep up ur informative/helpful postings.
good luck
QUOTE]
Never mind red-green. Please keep up ur informative/helpful postings.
good luck
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