grupak
08-04 12:12 PM
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).
Also, send a copy of the old EB3 I-140 asking them to port the old date when you file a new I-485.
You can try to "interfile" but its an unsolicited mail as far as USCIS is concerned. There is no official form, does not generate a receipt number, and no sure way of knowing if USCIS acted on your request.
Also, send a copy of the old EB3 I-140 asking them to port the old date when you file a new I-485.
You can try to "interfile" but its an unsolicited mail as far as USCIS is concerned. There is no official form, does not generate a receipt number, and no sure way of knowing if USCIS acted on your request.
eb3_nepa
08-16 10:18 AM
anyone?
sanjay02
06-29 08:35 PM
I guess the cases that are pre-adjucated are called for interview.
DesiGuy
08-17 10:01 AM
hi guys,
my first post at IV.
I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.
So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)
Here's another forum which i used and is VERY useful if anyone wants to move.
http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80
From my OWN experience:
The PROS
- Simple straight forward process :)
- definate timeline on residence permit/permanent residency/citizenship
- spouse gets same level of rights i.e.wife can work & study with any probs
- family eligible for NHS (even if u dont have a job)
- 1 month leave is standard; worst employers give only 4 weeks :p
- kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
- trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
- excellent public transport system
- India is only 8 hrs flight and timezone difference only 5 hrs.
- get to watch and 'play' cricket
- my british friends love "curry" and eat more 'spicier' then mine
- having a pint during lunch is 'normal'
The CONS:
- VERY expensive place; u make and u spend, have fun but not much savings
- JOB market is LOUSY - not easy to get a job
- Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
- smaller houses, cars, roads, etc
- no real burgers or tacos
- after some time u start missing USA
Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)
Cheers
my first post at IV.
I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.
So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)
Here's another forum which i used and is VERY useful if anyone wants to move.
http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80
From my OWN experience:
The PROS
- Simple straight forward process :)
- definate timeline on residence permit/permanent residency/citizenship
- spouse gets same level of rights i.e.wife can work & study with any probs
- family eligible for NHS (even if u dont have a job)
- 1 month leave is standard; worst employers give only 4 weeks :p
- kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
- trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
- excellent public transport system
- India is only 8 hrs flight and timezone difference only 5 hrs.
- get to watch and 'play' cricket
- my british friends love "curry" and eat more 'spicier' then mine
- having a pint during lunch is 'normal'
The CONS:
- VERY expensive place; u make and u spend, have fun but not much savings
- JOB market is LOUSY - not easy to get a job
- Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
- smaller houses, cars, roads, etc
- no real burgers or tacos
- after some time u start missing USA
Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)
Cheers
more...
ns33
03-18 04:22 PM
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
BharatPremi
03-19 07:59 AM
I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?
I need help on this as I do not want to terminate my job from my side.
Any advice will be appreciated.
Thanks,
You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.
I need help on this as I do not want to terminate my job from my side.
Any advice will be appreciated.
Thanks,
You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.
more...
waitin_toolong
07-29 05:04 AM
how is the baby supposed to sponsor the parents ??
immi_seeker
07-12 08:37 PM
^^^^^^^^^
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slowwin
06-11 08:36 AM
Hi,
vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.
Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.
Thanks,
slowwin
-------------------------------------------------------------------------------------------------------------------
DISCLAIMER: This not a legal advise. Please consult your attorney.
vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.
Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.
Thanks,
slowwin
-------------------------------------------------------------------------------------------------------------------
DISCLAIMER: This not a legal advise. Please consult your attorney.
fromnaija
07-20 04:34 PM
You will need to file an immigrant petition (Form I-130) for your child and wait for its approval. Your child will have to wait overseas until his/her priority is current. Thereafter, there will be some form of consular processing and the child will obtain an immigrant visa. Thereafter you can bring your child to the USA. It is a long process......
Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
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akred
03-27 11:07 AM
I have come to the realization that there is not much difference between illegals and legals. Both are victims of a system that does not have the capacity to assimilate them.
No one - press, congress, ordinary citizen or restrictionist - differentiates between legal and illegal immigrants. This is not surprising because the SOP is to somehow move illegal immigrants into the legal immigration system so that they are eventually treated as legal immigrants. In some cases like with CIR or Washington state's in-state tuition for illegals (but not for H or L), the system actively encourages people to qualify for benefits through the illegal stream.
Of course everyone must decide what they want to do. The I-94 states that penalty for unauthorized work is deportation. You have to decide if that matters to you based on a) whether you want to stay in the US and b) whether you believe you will be allowed to stay even if you follow all the rules
No one - press, congress, ordinary citizen or restrictionist - differentiates between legal and illegal immigrants. This is not surprising because the SOP is to somehow move illegal immigrants into the legal immigration system so that they are eventually treated as legal immigrants. In some cases like with CIR or Washington state's in-state tuition for illegals (but not for H or L), the system actively encourages people to qualify for benefits through the illegal stream.
Of course everyone must decide what they want to do. The I-94 states that penalty for unauthorized work is deportation. You have to decide if that matters to you based on a) whether you want to stay in the US and b) whether you believe you will be allowed to stay even if you follow all the rules
asphaltcowboy
05-27 10:31 AM
it's gotta be Soul's... the worst thing is the flippin' page transitions! I'm growing old waiting for them! congrats to everyone with a **** website
;)
;)
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coolmanasip
07-19 09:39 AM
If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
snathan
06-20 09:45 PM
^^^^^^^^^^^
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meridiani.planum
07-12 08:37 AM
I would suggest you push your application for premium processing for I-140 so that it would be approved in 30 days time now. Because you are in the 6th year of H1 you can do it. So in 30 days if you have 140 approved then you would know whether your priorty date is recaptured then go for I485 before 08-08-08 Sep bulletin date?
double-check with lawyer about the I-140 premium processing. My understanding is that you wont qualify for it since your PD is Feb 2008, and 6th year ends in March 2009. So come march 2009 you are eligible for 1 year h1 extension as your LC would be 365 days old. The current qualifying rule for I-140 premium processing indicates that its only for people who have no other way of getting an H1 extension (meaning LC is <365 days old at the point of expiry of current H1)
double-check with lawyer about the I-140 premium processing. My understanding is that you wont qualify for it since your PD is Feb 2008, and 6th year ends in March 2009. So come march 2009 you are eligible for 1 year h1 extension as your LC would be 365 days old. The current qualifying rule for I-140 premium processing indicates that its only for people who have no other way of getting an H1 extension (meaning LC is <365 days old at the point of expiry of current H1)
shreekhand
07-29 10:55 AM
Is your "baby" 21 yrs old yet ;) if not wait before before it turns 21 for sponsorship!
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sounakc
07-26 07:23 AM
i do it using remit2india and i am satisfied.
morpheus
04-03 05:33 PM
Morpheus,
Thanks for your interest. We did consider all three of them but when we did more research, we found that all three of them did not get their Green Card on EB category. They had come here because their parents had come here.
qvadis, Thanks for pointing out Andy Bechtolsheim and Safi Qureshey.
OK - good point. Linus Torvalds was an H1/green card immigration to my knowledge, and he would make a good addition to the list.
http://en.wikipedia.org/wiki/Linus_Torvalds
Thanks for your interest. We did consider all three of them but when we did more research, we found that all three of them did not get their Green Card on EB category. They had come here because their parents had come here.
qvadis, Thanks for pointing out Andy Bechtolsheim and Safi Qureshey.
OK - good point. Linus Torvalds was an H1/green card immigration to my knowledge, and he would make a good addition to the list.
http://en.wikipedia.org/wiki/Linus_Torvalds
knnmbd
07-14 01:48 PM
EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.
2 to 3 years is just wishful thinking. This is a permanent problem that we are faced with. Not to mention all the delays at the AOS stage including FBI checks and all that jazz. The only hope is the SKIL bill. WE NEED THIS MORE THAN ANY THING ELSE. I think we are at the cross-roads and this bill will well determine our future in this country
2 to 3 years is just wishful thinking. This is a permanent problem that we are faced with. Not to mention all the delays at the AOS stage including FBI checks and all that jazz. The only hope is the SKIL bill. WE NEED THIS MORE THAN ANY THING ELSE. I think we are at the cross-roads and this bill will well determine our future in this country
kewlchap
09-09 01:17 AM
Hi greencard_fever,
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
tabletpc
11-30 12:37 PM
MUGWUMP,
Thanks for sharing you are expereince.
I just sent my application. I also claimed for 16 points. I have indian BS degree and US MS degree both in CS. Can i anticipate any request for more information from consulate..???
I felt kind of ashmed today after mailing the application. it took me not more than 30 mins in total to finish the application and i was dragging this from almsot 1+ years.
Most of the time things are not as difficult/time consuming as we assume it to be. Lesson learnt...!!!
Thanks for sharing you are expereince.
I just sent my application. I also claimed for 16 points. I have indian BS degree and US MS degree both in CS. Can i anticipate any request for more information from consulate..???
I felt kind of ashmed today after mailing the application. it took me not more than 30 mins in total to finish the application and i was dragging this from almsot 1+ years.
Most of the time things are not as difficult/time consuming as we assume it to be. Lesson learnt...!!!
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