aadimanav
10-26 01:43 AM
It looks like the posts under the IV Home Page Rcent Forum Posts Section no longer show up in descending order of last-update date. Is this intentional?
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joshraj
10-11 10:26 AM
Hi Friends,
We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.
I always thought the receipt date of my application is the day when our application reached the center.
Can someone help explaining this....
Thanks,
We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.
I always thought the receipt date of my application is the day when our application reached the center.
Can someone help explaining this....
Thanks,
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pappu
12-24 09:03 AM
Celebrating 2nd IV anniversary: IV action Item
Dear members,
IV will be completing a milestone in a couple of days. Let us use this opportunity to celebrate the fact that IV has been able to bring the community together and we have been able to get small successes till now.
Let us also celebrate this event by inviting as many new members we can and raise the membership of IV.
You can review IV achievements here:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47
Pls use these templates to send emails to your friends requesting them to join IV
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
http://immigrationvoice.org/index.php?option=com_content&task=view&id=58&Itemid=36
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
http://immigrationvoice.org/forum/showthread.php?t=16034&highlight=walking_dude
http://immigrationvoice.org/forum/showthread.php?t=15976&highlight=walking_dude
======================
If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36
Let us also list such blogs on this thread. Here are some blogs:
(1) http://immigrationvoice.blogspot.com
(2) http://iv-physicians.blogspot.com
(3) http://iv-tristate.blogspot.com
(4) http://dcrally.blogspot.com
(5) http://www.touchdownusa.org/
(6) http://skilledimmigrants.blogspot.com/
(7) http://www.touchdownusa.org/floral/FloralProtest.html
(8) http://www.tired-immigrant.blogspot.com/
Dear members,
IV will be completing a milestone in a couple of days. Let us use this opportunity to celebrate the fact that IV has been able to bring the community together and we have been able to get small successes till now.
Let us also celebrate this event by inviting as many new members we can and raise the membership of IV.
You can review IV achievements here:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47
Pls use these templates to send emails to your friends requesting them to join IV
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
http://immigrationvoice.org/index.php?option=com_content&task=view&id=58&Itemid=36
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
http://immigrationvoice.org/forum/showthread.php?t=16034&highlight=walking_dude
http://immigrationvoice.org/forum/showthread.php?t=15976&highlight=walking_dude
======================
If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36
Let us also list such blogs on this thread. Here are some blogs:
(1) http://immigrationvoice.blogspot.com
(2) http://iv-physicians.blogspot.com
(3) http://iv-tristate.blogspot.com
(4) http://dcrally.blogspot.com
(5) http://www.touchdownusa.org/
(6) http://skilledimmigrants.blogspot.com/
(7) http://www.touchdownusa.org/floral/FloralProtest.html
(8) http://www.tired-immigrant.blogspot.com/
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don840
04-08 02:30 PM
wandmaker,
need another clarification.
on DS 156, Q 38- "Have you ever violated the terms of a U.S. visa,----?", Do I answer yes or no. There is another question, about 'has your visa ever been revoked?"
An attorney that i consulted, said the answer is 'No' to both these questions. His explaination was, I might have violated terms of h1 status and my h1 status has been revoked. But I have not violated terms of visa, and my visa (thats stamped in the passport) has not been revoked.
Is his explaination correct?
need another clarification.
on DS 156, Q 38- "Have you ever violated the terms of a U.S. visa,----?", Do I answer yes or no. There is another question, about 'has your visa ever been revoked?"
An attorney that i consulted, said the answer is 'No' to both these questions. His explaination was, I might have violated terms of h1 status and my h1 status has been revoked. But I have not violated terms of visa, and my visa (thats stamped in the passport) has not been revoked.
Is his explaination correct?
more...
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eb3_nepa
01-08 04:36 PM
The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).
No rule yet to exempt H4 from H1 quota.
Hi,
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
No rule yet to exempt H4 from H1 quota.
Hi,
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
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tanu_75
04-07 06:52 PM
Agreed. just talk about Bulletin.
Hmm. Another kela. Don't worry MC, your time will come.
Hmm. Another kela. Don't worry MC, your time will come.
more...
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senthil1
09-19 06:45 PM
Yes any bill which has H1b increase will have slim chance of passing. Also whenever Cornyn introduces bill Durbin introduces his bill(SA2238)
and pro-mmigrants/Corporations will not accept Durbin bill so both will fail. This was a drama for some time in past. This may be another drama in this year. If it needs to be passed then both the bills need to be diluted to get support of some key neutral congressmen.
Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.
and pro-mmigrants/Corporations will not accept Durbin bill so both will fail. This was a drama for some time in past. This may be another drama in this year. If it needs to be passed then both the bills need to be diluted to get support of some key neutral congressmen.
Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.
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GCwaitforever
02-27 05:42 PM
My intention is that he would join the forces to reinstate the V Visa provision. There are many permanent residents who can not bring their spouses/children here.
more...
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Munna Bhai
07-12 09:08 AM
hello, any inputs
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mahathi
05-11 06:24 PM
The problem is I only have single entry visa to Canada. So if I go out I cannot come back without visitors visa to canada.
I am scared about that as well.
So, if the consulate decides to issue me the visa, can I get it stamped in India?
Your reply is much appreciated.
I am scared about that as well.
So, if the consulate decides to issue me the visa, can I get it stamped in India?
Your reply is much appreciated.
more...
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kutra
01-20 05:22 PM
My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.
In that case, your wife is eligible for COBRA. See eligibility guidelines (Q3: Who is entitled to benefits under COBRA?) here: FAQs For Employees About COBRA Continuation Health Coverage (http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML).
In that case, your wife is eligible for COBRA. See eligibility guidelines (Q3: Who is entitled to benefits under COBRA?) here: FAQs For Employees About COBRA Continuation Health Coverage (http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML).
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arihant
03-14 02:09 PM
My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.
more...
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gene-O
10-20 06:18 PM
1. What's been done I'm fully aware of and I'm NOT asking to confirm the current state of this.
2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.
2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.
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forgerator
11-08 05:14 PM
How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o
yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.
My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o
yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.
My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)
more...
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Rajeev
10-12 09:50 AM
The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
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pd_recapturing
06-01 06:39 PM
Yes. Chem2 is right. Your salary should be matching with your H1B LCA. GC LCA salary is supposed to be for future job. I also have the same issue and I confirmed it with my lawyer and Others too. Is your I-140 approved ?
more...
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krustycat
03-09 07:26 PM
I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
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miteshm
07-21 04:03 PM
I am curious - Did you get a receipt notice for your wife? I have E-filed for AP for my family. I have got the paper receipt for me but not for my family. I am wondering if there is a pattern here.
Thanks,
Mitesh
Hi,
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
Thanks,
Mitesh
Hi,
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
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meridiani.planum
06-02 12:13 PM
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).
randomdude
12-07 12:11 PM
There is no gain in waiting longer.
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
realist
11-19 08:28 AM
I have a similar situation, I would like for my brother to come here on a visitor's visa. He is an engineer and is currently working in a University. It would greatly help if you could share your experience on how and if you were successful in getting the visa
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