Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This bill will not even be discussed.
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Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
Use EAD and you can be on both company's payroll and safe..relax, don't worry much..I-485 is filed and company is willing to help for 180 days.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
EB1 historically filled and this year CIS said, they may have to retro the India dates, but didn't finally. EB2 in best case got 15K visas. There are lot of EB3 to EB2 porting that will happen if the dates don't move. So EB2 it self will take 4 years to corss 2007 (I only added 25% of the porting). EB3 I God only knows..
Remember there are only 40K visas for EB2. EB3 will use their own 40K visas. 10K from this is reserved to otherworkers. So these dates won't move unless Recapture happens and per country limits are removed atleast till the backlog is cleared.
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1. you can files your I485 and later add your spouse if the dates are current or you have the priority date.
2.You can apply for EAD during I485 and at the same time can be on H1 unless you don't change an employer using EAD.
3.Unless you add your spouse to I485 process..you have to maintain your H1 status as your spouse will be on H4.
4.BY any chance your I485 is approved before adding your spouse(present in US)..you have 180days to apply for your spouse.
5.If your I485 is approved when your spouse in outsite USA..then you have to go for consular processing.
6. No one exactly knows if the PD will remain same or not.
So anyone about to marry or planning to get married,talk to your attornies about your situation and take a decision.
Thanks for the info. I still have a few doubts.
For 1. I will be having the marriage certificate at the time of filing, which will be in July. That time my spouse will be in India, as she will apply for her H4 and then come (latest by August). What I wanted to know is that if my PD is NOV 2006, doesn't that make me current. I know people are saying that visa numbers may not be availabe in Sep, but if all PD are current till June 2007, and if my wife will get my PD, what difference does it make if she files in Aug or Dec 2007. What will happen in Dec that will not let her file I-485. I am meeting my attorney next week, but with the pathetic interview scheduling system, it would be good to know so I can get an earlier date for her.
For 2. If I do change my employer, using my EAD, and if my spouse is in US, what status will that give her. a. If I file her I-485 and b. If I am unable to file her 485, if the visa numbers run out.
For 6. I am still unclear as to how the PD may not remain current. How can a PD go back, if PD is June 2007, doesn't that mean everyone who has approved I-140 till then is automatically current (No matter when they file).
I know others may have similar doubts so posting here. I will post the comments by my attorney as soon as I meet him.
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Sorry to hear about your lengthy RFE. I received a similar RFE but just asked contract documents between my company and client. I have 2 layers in between. My company, Prime Vendor and Client.
I've submitted POs showing the contract and a letter from Prime Vendor stating that I work on a project for Client.
Just responded to the RFE and keeping my fingers crossed.
Hope this helps...
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My passport expires in Nov, '07 and am planning to travel to India shortly. I would like to know if we are required to submit the original/copy of I-94 for passport renewal.
Your answers are very much appreciated.
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If customer is from India/China/Mexico then they will receive the product in 10 years. Rest all can get it in 3/4 years.
If customer uses Master Card (EB-1) then they get it in 6 months, Discover (EB-2) in 1 year. Rest all will wait for a long time.
Their order goes in pending queue, if they do not receive the product within 1 year then they have to renew the order and customer will pay for this renewal.
9 YEARS AND COUNTING.........................
Users comments for the above post that I got. Now, why should I come here for HUMOR.
May be guys down there can give me answer who posted these comments for me.
- > YOU ARE THE COMEDY FOR NOT GETTIN HUMOR, NOW KEEP BURNING LAMP
- > DON'T BE A NERD, LEARN TO LAUGH, US IS ABOUT COMEDY
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Hope this helps.
The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.
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This is why I said 221G is a good initiative. Even if people have to suffer a little bit, full check is needed for every visa stamping and every green card application.
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And if you just want positive posts ....thats good.
Then leave some negative thinking,
I dont have any other details other than ..what I have on my profile.
Friend, with all due respect; what the members requested was to post some information about yourself. are you a immigrant? do you have any application pending / approved etc.
This helps us identify with you as a group.
Thanks for bringing this visa abuse issue to our attention. Just as in any other trade, surely there are many abusers, however, this economy fueled itself to the top of the world in a lot of things using talents from around the world and that was mainly via the temporary work visas including H1b. Now you might meet 1 person in say 100000 who falls into the catagory you mentioned and none of us entertain such people with any respect.
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By the way, Lou's ancestors came to USA also legally like us. What is the difference then? Really the only people who have the right to criticize the legal immigration to USA are the native Americans. I know that this argument would never success with the general public here but I believe it's true.
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Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.
You are right. THis is one case where in USCICS are wrong. The visa officer at consualte should have canceld her H4, which he/she din't do and tv25 took advantage of it. Even at the POE, officer should should have got the info on his system. No idea why it din't happen.
But tv25, stop using this forum to get the solution and contact an attorney, like murthy ASAP.
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
The approval of your H1 would have invalidated your H-4 visa :confused:[/QUOTE]