bugsbunny
04-15 03:24 PM
Forum related questions
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FREQUENTLY ASKED QUESTIONS/FORUM FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ)
1 How do I create New Thread?
2 What do red and green mean?
3 How to give green and Red?
4 What is a junior member/senior member?
5 How do I Private message someone?
6 How do I update my profile?
7 Where is the control Panel?
FREQUENTLY ASKED QUESTIONS/FORUM FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ)
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smuggymba
11-15 01:55 PM
Should there not be a separate Green card quota for anyone with a USA Masters Degree in any field?
If USA does that, more people will pay to come to study in USA. Not go to Australia, UK etc to study. So more money to USA. And USA degree holders will be able to use this education and work in USA to improve USA economy. If they go back to their countries, then USA has brain drain.
If they have separate quota for H1, separate H1B quota for Masters Degrees, what is wrong to have one for Green Card?
Please support on this thread if you agree.
Would you have supported this if you did not have a masters?
If USA does that, more people will pay to come to study in USA. Not go to Australia, UK etc to study. So more money to USA. And USA degree holders will be able to use this education and work in USA to improve USA economy. If they go back to their countries, then USA has brain drain.
If they have separate quota for H1, separate H1B quota for Masters Degrees, what is wrong to have one for Green Card?
Please support on this thread if you agree.
Would you have supported this if you did not have a masters?
SK2007
10-12 10:19 AM
Hi All,
Could someone provide some guidance regarding my situation:
1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.
Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.
Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?
Also, any implications of my situation on the I-485 process ?
Thanks a lot for any input!
DVB
The easiest option is to travel outside the country and come back and get a new I-94. You might want tot go back to the local office where you went earlier, they might not issue a new I-94, but will be able to correct the date on the issued I-94, after you explain them the situation. A similar thibg happened to my wife on H4 few years ago. We went to the local office (Boston) and got it fixed.
Could someone provide some guidance regarding my situation:
1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.
Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.
Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?
Also, any implications of my situation on the I-485 process ?
Thanks a lot for any input!
DVB
The easiest option is to travel outside the country and come back and get a new I-94. You might want tot go back to the local office where you went earlier, they might not issue a new I-94, but will be able to correct the date on the issued I-94, after you explain them the situation. A similar thibg happened to my wife on H4 few years ago. We went to the local office (Boston) and got it fixed.
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jefkorn
03-28 04:53 PM
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
The link is broken, can you please post the corrected link?
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
The link is broken, can you please post the corrected link?
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krishna.ahd
09-19 02:29 PM
On the lighter side
Think about this , Your citizen kid can sponsor you when he/she attain 18.
So who ever planning to have one , start implementing , and parent of 10 month old just wait for 17 yr 2 months.
Think about this , Your citizen kid can sponsor you when he/she attain 18.
So who ever planning to have one , start implementing , and parent of 10 month old just wait for 17 yr 2 months.
Hermione
10-02 02:51 PM
Thank you Hermione (Granger?)
What about salary requirements? would it be okay if I get 20-30% lower
salary? Do I have to be getting paychecks every month?
Yeah, sticking up for the Muggle-born :)
Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.
What about salary requirements? would it be okay if I get 20-30% lower
salary? Do I have to be getting paychecks every month?
Yeah, sticking up for the Muggle-born :)
Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.
more...
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rameshvaid
06-22 01:39 PM
Hello,
My application also returned for the same reason (no I485 receipt notice attached) from Phoenix. Not sure what to do at this time. I never received I485 receipt notices. Hence, I have attached biometric notices in place I485 receipt notices. I have added a cover letter requesting to expedite the process. I am not sure if this request caused some mental disturbance on the person who is supposed to work on my application and may have sent me rejected notice.
I got my wife's and sons entire packet back with the exact remarks, "Incorrect Check amount and no I 485 attached". I had both correct amount of 340.00 and Copy of I 140 attached..I e-filed on June 15th again and waiting to see this time what excuses they come out with now..I did get the receipt notices for both of them yesterday.. What a joke??
My application also returned for the same reason (no I485 receipt notice attached) from Phoenix. Not sure what to do at this time. I never received I485 receipt notices. Hence, I have attached biometric notices in place I485 receipt notices. I have added a cover letter requesting to expedite the process. I am not sure if this request caused some mental disturbance on the person who is supposed to work on my application and may have sent me rejected notice.
I got my wife's and sons entire packet back with the exact remarks, "Incorrect Check amount and no I 485 attached". I had both correct amount of 340.00 and Copy of I 140 attached..I e-filed on June 15th again and waiting to see this time what excuses they come out with now..I did get the receipt notices for both of them yesterday.. What a joke??
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GCBy3000
07-19 05:18 PM
Why not? They have to send the receipt notice on time. They have to send AP / EAD within certain days. Immigrants plan certain events based on these laws. If anyone decides to prepare and file a lawsuit for not getting EAD, he/she could do it now as per the law. Some one said, there is a law that they should be giving EAD in 90 days.
Again EAD is valid for only one year. You have to file in advance and you will get one year from the date of filing or approval I am not sure. If you dont get EAD on time, then youare not supposed to work. PERIOD. If this happens a lot, then lawsuit is for sure from someone like me who have family with two kids and play by rules. I have strong backing of my company HR.
If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)
However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.
Again EAD is valid for only one year. You have to file in advance and you will get one year from the date of filing or approval I am not sure. If you dont get EAD on time, then youare not supposed to work. PERIOD. If this happens a lot, then lawsuit is for sure from someone like me who have family with two kids and play by rules. I have strong backing of my company HR.
If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)
However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.
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Ramba
11-21 05:14 PM
Ramba, what are different levels? example, I found something similar on flc data center website. How can I know which level I am in to?
Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year
Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.
Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year
Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.
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herns
03-20 04:12 PM
Im EB3. so should I say my PD is the filing date?
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am4gc
11-30 02:08 PM
Question...see below in bold
The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.
Because the extension will be for a future date (March 1).
-- Question: Is this extension based on I-140 is different than the extension you get for the second 3 year out of 6 year? If not, then why I-94 can not be given date adding the extension of 3 year ?
Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.
Because the extension will be for a future date (March 1).
-- Question: Is this extension based on I-140 is different than the extension you get for the second 3 year out of 6 year? If not, then why I-94 can not be given date adding the extension of 3 year ?
Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
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vbkris77
08-20 03:13 PM
I Still think we have a good chance atleast all those with priority date before today.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
EB1 historically filled and this year CIS said, they may have to retro the India dates, but didn't finally. EB2 in best case got 15K visas. There are lot of EB3 to EB2 porting that will happen if the dates don't move. So EB2 it self will take 4 years to corss 2007 (I only added 25% of the porting). EB3 I God only knows..
Remember there are only 40K visas for EB2. EB3 will use their own 40K visas. 10K from this is reserved to otherworkers. So these dates won't move unless Recapture happens and per country limits are removed atleast till the backlog is cleared.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
EB1 historically filled and this year CIS said, they may have to retro the India dates, but didn't finally. EB2 in best case got 15K visas. There are lot of EB3 to EB2 porting that will happen if the dates don't move. So EB2 it self will take 4 years to corss 2007 (I only added 25% of the porting). EB3 I God only knows..
Remember there are only 40K visas for EB2. EB3 will use their own 40K visas. 10K from this is reserved to otherworkers. So these dates won't move unless Recapture happens and per country limits are removed atleast till the backlog is cleared.
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gcfordesi
04-23 01:00 AM
My employer was trying to scare me saying AC-21 is trouble there will be lot of queries about title ,wages etc.... Still i am going ahead
Just wanted to say that you are not alone here Lets take a chance its any day better than staying with this greedy employers in this recession time .
Just wanted to say that you are not alone here Lets take a chance its any day better than staying with this greedy employers in this recession time .
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ivar
03-20 06:42 PM
Im EB3. so should I say my PD is the filing date?
Your Labour filing date.
Your Labour filing date.
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Macaca
01-23 09:28 PM
The following is an exactly parallel strategy for us. I just copied the lines.
1. Obtain a Schedule A retrogression amendment (anywhere from 15,000 - 90,000 visas) in the Spring.
2. Push for a permanent Schedule A retrogression amendment (Brownback amendment) whenever Congress considers Comprehensive Immigration Reform.
The concerns are
1. How to chose the numbers 15,000 - 90,000? We may need much larger numbers.
2. How the 15,000 - 90,000 visas should be divided for different countries and categories?
1. Obtain a Schedule A retrogression amendment (anywhere from 15,000 - 90,000 visas) in the Spring.
2. Push for a permanent Schedule A retrogression amendment (Brownback amendment) whenever Congress considers Comprehensive Immigration Reform.
The concerns are
1. How to chose the numbers 15,000 - 90,000? We may need much larger numbers.
2. How the 15,000 - 90,000 visas should be divided for different countries and categories?
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jamesbond007
11-13 01:59 PM
^^
Pappu,
I am assuming that you are looking for someone who was "layed" off; not necessarily just the end of their contract??
May be you ought to expand the criteria to also include anyone who has changed their full time job will-fully?
Pappu,
I am assuming that you are looking for someone who was "layed" off; not necessarily just the end of their contract??
May be you ought to expand the criteria to also include anyone who has changed their full time job will-fully?
more...
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bomber
08-16 03:47 PM
I think my original question still remains unanswered.
1. I do not have my I-485 receipt notice(I do have the numbers though)
2. I do not have EAD/AP(Employer did not let us apply)
3. I'm already in my 7th year of H1. Current stamp expires in Sep'2008.
Can I invoke Ac21 somehow?
1. I do not have my I-485 receipt notice(I do have the numbers though)
2. I do not have EAD/AP(Employer did not let us apply)
3. I'm already in my 7th year of H1. Current stamp expires in Sep'2008.
Can I invoke Ac21 somehow?
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loudobbs
12-09 03:12 PM
Of course I do..:rolleyes::rolleyes::rolleyes::rolleyes:
:rolleyes:
:rolleyes:
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LeapofFaith
07-12 11:38 PM
this should be intresting... it looks like I will be on IV the whole night
Berkeleybee
04-13 11:39 PM
I am inches away from either creating a Therapy sub-forum or asking you lot to take the venting and therapy posts to Immigration Portal.
Please lets keep IV's forums for constructive conversations about our agenda -- breaking news on legislation, upcoming actions, broadening support for our activities.
It really shouldn't be Immigration Portal Version 2 where everything and anything goes.
Please lets keep IV's forums for constructive conversations about our agenda -- breaking news on legislation, upcoming actions, broadening support for our activities.
It really shouldn't be Immigration Portal Version 2 where everything and anything goes.
Randy
02-22 07:43 PM
Guys,
Its quite a gathering out here who have shown some interest or support for the Green card issue for the PhDs. I see numbers increasing slowly. I am networking and try to get more PhDs involved and become aware of the PACE Bill. Friends from many universities are contemplating the line of action to get a change in the language as well as to include the current PhD students/PhD holders in getting benefits from the bill.
I and my friends have drafted a letter and will be sending to our senator (Allen Specter) very soon. It will be great if many more enthusiasts come out and show their support / give their suggestions openly.
So lets keep it rolling.
Its quite a gathering out here who have shown some interest or support for the Green card issue for the PhDs. I see numbers increasing slowly. I am networking and try to get more PhDs involved and become aware of the PACE Bill. Friends from many universities are contemplating the line of action to get a change in the language as well as to include the current PhD students/PhD holders in getting benefits from the bill.
I and my friends have drafted a letter and will be sending to our senator (Allen Specter) very soon. It will be great if many more enthusiasts come out and show their support / give their suggestions openly.
So lets keep it rolling.
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