mailsunnydeol
08-07 11:53 AM
Progress so far:
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Welcome Notice Received by Lawyer
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Welcome Notice Received by Lawyer
neelu
09-16 12:26 AM
Thank you, Roseball.
I will take an Infopass appointment as well. Do you think it is better to take the appointment in October when my date is current (going by the RIR PD)?
By the way, I only have a photocopy of my approved I-140 notices (according to company attorney, it is owned by the company). Hope that suffices.
Also, does the IO have the power to update my case? I thought they only give out information (if in the mood that is :)).
You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.
I will take an Infopass appointment as well. Do you think it is better to take the appointment in October when my date is current (going by the RIR PD)?
By the way, I only have a photocopy of my approved I-140 notices (according to company attorney, it is owned by the company). Hope that suffices.
Also, does the IO have the power to update my case? I thought they only give out information (if in the mood that is :)).
You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.
arnet
11-17 01:16 PM
Thanks Yoshi and alien2006 for posting your experience. As everyone here said, after waiting for one hr over phone, the USCIS rep is not answering our questions properly -puts even more additional pressure on us.
JunRN
12-17 04:02 PM
Let me answer:
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
more...
add78
10-02 09:48 AM
This is a little tricky.
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
kabeer_g
08-10 02:05 PM
Well we had Hindu marriage in May. We have our marriage card, pictures, witnesses etc. So I was under the impression that I would be able to get certificate from registrar. Here is info I got
"
Under the Hindu Marriage Act:
Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."
"
Under the Hindu Marriage Act:
Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."
more...
reachinus
11-19 03:55 PM
1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?
No
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
Yes
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment?
No
3a. If he goes to India on AP.. for how long could he go?
Untill the day before the expiry of AP
4. Could he take up any job and keep switching till priority date becomes current?
Yes. but advisible to stay in same or similiar job
5. Also what happens if and when priority date becomes current?
Should obtain an EVL from the Current\Future employer assuring a full time permanent job.
No
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
Yes
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment?
No
3a. If he goes to India on AP.. for how long could he go?
Untill the day before the expiry of AP
4. Could he take up any job and keep switching till priority date becomes current?
Yes. but advisible to stay in same or similiar job
5. Also what happens if and when priority date becomes current?
Should obtain an EVL from the Current\Future employer assuring a full time permanent job.
indyanguy
08-11 07:13 PM
bump ^^^
more...
agc2005
10-26 11:02 AM
July 2nd filer, checks cashed on 10/16, still online status not available.
Macaca
11-17 08:42 PM
The Other Immigrants (http://online.wsj.com/article/SB10001424052748703683804574533612324601766.html)
Low quotas, long lines hurt U.S. competition for human capital.
WSJ Editorial, Nov 18 2009
The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.
A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."
One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.
Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.
"The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."
The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.
Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.
Low quotas, long lines hurt U.S. competition for human capital.
WSJ Editorial, Nov 18 2009
The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.
A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."
One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.
Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.
"The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."
The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.
Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.
more...
pappu
11-02 08:11 PM
Contributed $100 for Nov.
Transaction ID: 9771***********
Thanks
Transaction ID: 9771***********
Thanks
rkat
02-06 11:21 AM
Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
more...
lostinbeta
10-05 03:05 AM
Thank you Syko:)
I love Photoshop. It is the only art program I have. I wish I could afford 3dsmax and/or Adobe Illustrator, but I dont think that is going to be happening anytime soon:(
The Flash in the center is actually an easy effect to come up with without 3dsmax :P
PS: Nice Sig :)
I love Photoshop. It is the only art program I have. I wish I could afford 3dsmax and/or Adobe Illustrator, but I dont think that is going to be happening anytime soon:(
The Flash in the center is actually an easy effect to come up with without 3dsmax :P
PS: Nice Sig :)
neelu
09-16 12:26 AM
Thank you, Roseball.
I will take an Infopass appointment as well. Do you think it is better to take the appointment in October when my date is current (going by the RIR PD)?
By the way, I only have a photocopy of my approved I-140 notices (according to company attorney, it is owned by the company). Hope that suffices.
Also, does the IO have the power to update my case? I thought they only give out information (if in the mood that is :)).
You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.
I will take an Infopass appointment as well. Do you think it is better to take the appointment in October when my date is current (going by the RIR PD)?
By the way, I only have a photocopy of my approved I-140 notices (according to company attorney, it is owned by the company). Hope that suffices.
Also, does the IO have the power to update my case? I thought they only give out information (if in the mood that is :)).
You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.
more...
snathan
05-08 10:23 PM
We are all paying tax for years and the way USCIS works...we would get the GC only by next birth. This is very ridiculous rule.
BharatPremi
12-05 03:25 PM
http://www..com/discuss/485eb/63774255/
more...
ItIsNotFunny
03-04 05:26 PM
Congrats !!! I think u should party hard for a long time...
Kartik, your handle is your short name?
Kartik, your handle is your short name?
sk76012w
07-04 10:23 AM
Rayyan,
Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.
Now, answers to your questions:
Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.
I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.
I normally go to Chennai as that is my regional consulate.
I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.
We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.
All the very best for your interview.
Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.
Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.
Now, answers to your questions:
Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.
I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.
I normally go to Chennai as that is my regional consulate.
I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.
We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.
All the very best for your interview.
Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.
nozerd
02-28 12:26 PM
Thanks Y,
I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.
Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?
I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.
Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?
conchshell
06-13 02:02 PM
One more state chapter .... go ahead guys .....
gonecrazyonh4
06-14 06:33 PM
I have been filling up I-485 all day . Online forms sent from attorney but no help with topics. I am confused by these
Visa Number - is this a number that is stamped on your passport when u entered US? My visa in passport expired long time back. I have my WAC number- is that what is required to enter?
Alien Number - is this the I-94 number?
anywhere i can find a sample I-485 filled in ?
Appreciate any help
Visa Number - is this a number that is stamped on your passport when u entered US? My visa in passport expired long time back. I have my WAC number- is that what is required to enter?
Alien Number - is this the I-94 number?
anywhere i can find a sample I-485 filled in ?
Appreciate any help
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