bradley emmanuel

This is a great move strategically to make members part of IV. With this, there is no need for IV to constantly campaingn for funds with regular active members. IV's energy towards campaign could be targeted towards the new members and other non monthly contributors.

I appreciate all the members who have volunteered to contribute on monthly basis. It is just a matter of spending on one lunch / one bar outing or for a movie.

Still let us keep a open thread for every month to make sure the fire on monthly contribution keeps burning. We dont want it to subside until we reach our goal.

Well, here are the thoughts.

American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)

If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.

Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.

Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.

Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...

Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)

Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).

I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?

Its a emergency travel i cannot avoid. What needs to be done to make my trip

This is to inform our community that July 19th filer check - 485, EAD, AP has got encashed. Please delete the thread if you would like to. It is only to aid people in this forum to track the dates.

EB-3 India
Nebraska
July 19th filer- Checks Cashed
no other updates

Congratulations. It looks like they are moving.

See below

Predierock,

Can you please adivse on the following:

My wife is currently on H4.

She has a H1b approved for 3 years to start working on October 1, 2007.

Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

She has a job and the company would like her join asap.

Questions are:

1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

No, that won't happen as H1B is dual status and she can start working on H1B from Oct 1.


2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

That is not possible, once an EAD is used to work falling back on the H1B means going thro' the H1B application process once again since the original H1B is violated.. but more importantly ....USCIS considers this as abandoning your I-485 !

While H1B to EAD means only updating the I-9 the reverse is not easy for reasons abovementioned ;)

We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

Please advise folks.

If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.

Hi,
Could you please elaborate on this point? Under what conditions can she use *my* priority date?

Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).

This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.


Hello everyone,

I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

Thx,
Prabhat

Can't see it in my browser, still shows November 14

^^^^^ bump..


can you show me a single post in iv that states that they have travelled after applying for ap, and come back with an ap. May be i missed it.

Hi

I am currently a masters student in an american university. My
graduation is in May 2007. I am planning to apply for H1B visa soon
after.

1. Assuming that my H1B status is approved and I recieve my H1B papers
by October, how long should I wait until my employer can file for my
greencard application?

2. It is been announced that the premium processing for the labor
certification is available. This means that there is 2 week decesion
instead of months like before. Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?

Kambi

you just beat me in posting this
:D

happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)

I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.

Dems getting the house and improve our situation? Doubt it.
Does anyone remember what Ted Kennedy said about us legal migrants?
He said we don't have the same issues with the illegals regarding coming into
this country.
And what about Diane Feinstein? She's pro-agriculture and anti-IT.

Remember: Republicans are a party with bad ideas, Dems are a party with no ideas.
Reps: "We got a really bad idea!"
Dems: "We can make it sh*ttier!"

All,

Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1

My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

Regards,

I am also in the same boat as you. To ans your questions -

1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.

2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.

3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.

What documents do we need to provide the US Embassy/Consulate to issue a birth certificate. Please reply.
Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.

You will need one anyway when you do file I 485 or CP so might as well keep it ready now.

My lawyer got the RFE notice yesterday....

USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

Please reply with your thoughts.

I start off with clouds a lot also.... I also do start with circles and squares many times and just edit them from there.

Thre is a lot of hurt on these forums related to substituted labor..so help will be slow to come.

Instead of all this country caps, applying for GC and waiting, why don't they get a rule like European countries? In UK, netherlands and Denmark it is very simple. All you have to do is prove that you made more money (ofcouse taxes count) than the stipulated amount by the government. Pay the taxes for 4 or 5 years and take the GC(Permanent Resident). Simple no lawyer no crap. Country benefits we benefit. I lived in UK for more than 3 years and I would have become a citizen by now. But never wanted to be in UK, it was only a stop over. I always loved America, don't know why? Do you think it is because of Hollywood? I'm kidding. But still I love this country. Hope things will change some day. If not my daughter will sponsor me when she turns 21.

As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...

06/29/2007: Today Will be the Last Date for I-140 PPS Filing

USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.

I mailed Matthew OH about that. He has corrected the part about e-filing PPS (that's not an option)
He says thats USCIS told him that they have to be *received* today. However, the customer service rep I called said its the *postmark* date. I guess it doesnt hurt to try mailing docs today. At worst, they return it.

vkxml- I dont think that the act of opting to go PP would cause an RFE. Every case goes through the same process. It's not as if there are different rules for processing regular vs premium.

Im on my 8th year on H1. still stuck in Labor :(

My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!