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  • GCard_Dream
    06-18 04:42 PM
    Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.


    Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
    We need to oppose CIR till we see such a provision.




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  • 21stIcon
    12-20 08:40 PM
    Undocumented amount 33% taken out from monthly compensation then pay roll tax withhold amount went to federal, state tax, social tax and Medicare.

    My point is how can employer deduct tax with is not shown on pay slip.

    What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.




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  • a_yaja
    10-05 11:07 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?

    I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

    EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

    What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.




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  • pbojja
    03-30 11:30 PM
    Congratulations !! When was your last FP done ? Did you get the second FP ?

    Thanks ..October 2007 . No second FP



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  • breddy2000
    06-25 10:06 AM
    Bumping up.


    Atleast , you are sure that you can leave your employer after 2 yrs.

    But if you do not file now and the date retrogesses again,. you may not be able to file any time sooner...with this CIR and stuff like that, which are not favourable to us. I would say just go ahead and do it.

    See if there is any breakage clause. if they have, then if you like quit them and pay the Penalty or what ever.

    I say all these are made up by the Employers to scare the employees.

    As of now, just accept in what ever they say....and later on see if it is legal/illegal etc...




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  • mallu
    08-10 09:17 PM
    i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.

    I think, similar to DOL backlog elimination centers, they will pull all the pending
    cases and put them into a new system. The data entry for such an excercise will take 2 years. Afterwards the real processing will start.



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  • Suva
    10-02 02:25 PM
    What was the reason behind the RFE?

    I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
    here is the case history.
    LC-Feb-2005.
    I-140 filled march 2007
    I-485/EAD filled July-2007
    EAD approved/EAD card arrived 15 Sep 2007
    I-140 RFE August 2007(A2P)
    I-140 denied 27th Sep 2007.
    my question is,
    what are the options do I have?
    my employer is talking about appeal.
    since the original I-140 is denied will the 485/EAD will get cancelled too?
    is there any way to port the LC date?
    what are the chances of appeal/approval?
    employer is in good standing(financially).
    any suggestions,input will be highly appreciated.
    thanks




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  • mallu
    03-04 09:31 PM
    It's not like he suddenly realized something. The only reason they changed the policy is that they got sued. Period! :mad: They continue the sabotage with processing dates going backward (which is never supposed to happen!), etc, because they feel no threat to their well-being.

    Now USCIS has started finding other reasons , so that their processing times can become sane. "Additional Review" , "RFE for documents issued by INS 10 years ago" etc.

    And one example : http://boards.immigration.com/showpost.php?p=1871043&postcount=2902



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  • mnq1979
    06-26 05:07 PM
    If the registration date on the birth ceritificate is latest, not obtained during her birth, then you might need to back it up with secondary documents. Any of the above said documents, including 2 affidavits, should be submitted along with the bc. In any case make sure that all secondary documents includes both your parents full names. If you are using 2 affidavits as secondary documents then make sure that affiants full names and their date and place of birth information is also included. This is exactly what I did. I have submitted latest bc and backed up with 2 affidavits. This is what I learnt from my attorney. USCIS has received my response and application processing resumed and I am putting my fingers crossed:rolleyes:.

    I will let u know if my status has changed. Please keep in mind that what I said all along in this thread based on my experience. Do some more research and come to your own conclusion. Good luck.

    Can you please provide a template that how the affedevit should be. I mean is it possible you can provide the TEXT information of the affedevit that how it should be written.
    2 affedevits mean One from Father and one from Mother right !!!!




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  • snathan
    05-01 11:55 PM
    I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

    Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
    Thanks.

    pappusheth

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.



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  • rani77
    02-02 09:39 AM
    Thx for your reply.

    But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.

    I dont know what your comapny lawyer(you say HR they are least qualified for such advices in majority of situation) told you, but i know that you must posses the AP document in hand before u leave the country to use it for reentry. I think ur wife will recieve the passport soon ( this is due to glitch in the new PIMS verfication system) .You cant do much in this situation but just be paitient.




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  • reddymjm
    05-21 04:46 PM
    I applied for renewal on May 19th. My EAD expires on August 23. So, I guess I'll have to follow your renewal process to see if mine will arrive in time.

    If you are working on EAD and if you do not get your new ead 10 days prior to the expiry of the old one please take an infopass and they will email the IO working on it to approve. Couple of my friends did that and got their approvals in a day or two.



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  • STAmisha
    11-14 05:55 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain




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  • waitin_toolong
    11-08 12:05 PM
    Hi everyone,
    I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
    Thanks!!

    sorry you missed the deadline, if the packet has been delivered attend the interview or get in touch with the consulate



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  • WillIBLucky
    12-13 12:58 PM
    That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.

    Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.

    I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.

    My reasoning was simple:

    In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.

    Do what you feel is best for you and what you can make peace with. My 2 cents..




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  • snathan
    02-01 09:35 PM
    Q. Who is an optimist?
    A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D

    Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.

    How come a wife can have another wife...:D if you are not aware the OP is a girl.

    You didnt tell which movie cd...?



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  • nik.patelc
    10-23 06:36 PM
    I m on h1b and my I485 application is pending. Also i have recieved EAD valid till Sept 2010. I m on H1 Visa status with current company. if i get laid off, how do i move my status from H1 to EAD after layoff?

    I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.




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  • ivgclive
    03-22 09:10 AM
    And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
    That will be faster than this EB2 and EB3 backlogs.
    You help him now, and he will help you.

    Much better.

    Added advantage. When they file green card, you don't have to be in "JOB", you can retire and go back to India. When things are ready, get your flight back.

    :D




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  • askbz1
    04-16 11:18 AM
    Thank You so much. Found this thread just in time when I was searching for insurance from my Parent's visit to US.




    franklin
    07-17 05:43 PM
    Thanks To You All It Would Not Have Been Possible Without Your Support!!!!!!!!!!!!!!!!

    Actually, it wouldn't have been possible without donations from members on the board as well.

    There is MUCH more to do and fight for.

    Please donate!




    gcisadawg
    04-07 02:18 PM
    Folks,

    My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!

    We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.

    The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.

    Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?

    Rgds,
    gcisadawg



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