go_guy123
11-03 04:47 PM
Pls let us know if you would like to tell your story in a media interview?
Sure why not.
I came to us in 1999 did my masters here in US and graduated in 2001.
I worked for some time on OPT and then went back to work in India.
I came back in 2005 , the immigration situation being very bad with retrogression I applied for canada immigration from US ( from india
there is a severe backlog...canada has a per immigration visa post backlog unlike us which has per birth country backlog)
I recently got Canada PR , I joined the MBA here at U of Toronto.
Had I been in my early 20s I would have thought about US imigration.
Nowdays it take 7 to 8 years ....thats more than 10 to 15% of your productive life.
I have talked to my friends ( from IIT delhi ) all of them have same opinion...its a lost cause
now. Now that theyhave invested 5 years they dont want to quit.
Only 1 in know who did MS in US and got GC. Rest were all PhD who got GC through EB1.
EB2 , EB3 is all dead now.
Now it too late I need to settled . How can I marry with the insecurity of moving from place to place in search of contract project, bodyshopper eating avay 30% of your billing rate etc.
I have given up hope. There are challenges in Canada as job market is
not that great but atleast I can sleep at night without having to worry
about the immigration. Ihave one more friend working in Canada he also moved from US.
The salary rate etc is lot lower in fact. On the whole Canada is hard for foreign educated...
one of the reasons I am doing an MBA.
1.5 years it takes for Immigration from US/Canada. Actually
from Canada its faster but there is hope. The uncertainity in the US process
is unbearable.
Sure why not.
I came to us in 1999 did my masters here in US and graduated in 2001.
I worked for some time on OPT and then went back to work in India.
I came back in 2005 , the immigration situation being very bad with retrogression I applied for canada immigration from US ( from india
there is a severe backlog...canada has a per immigration visa post backlog unlike us which has per birth country backlog)
I recently got Canada PR , I joined the MBA here at U of Toronto.
Had I been in my early 20s I would have thought about US imigration.
Nowdays it take 7 to 8 years ....thats more than 10 to 15% of your productive life.
I have talked to my friends ( from IIT delhi ) all of them have same opinion...its a lost cause
now. Now that theyhave invested 5 years they dont want to quit.
Only 1 in know who did MS in US and got GC. Rest were all PhD who got GC through EB1.
EB2 , EB3 is all dead now.
Now it too late I need to settled . How can I marry with the insecurity of moving from place to place in search of contract project, bodyshopper eating avay 30% of your billing rate etc.
I have given up hope. There are challenges in Canada as job market is
not that great but atleast I can sleep at night without having to worry
about the immigration. Ihave one more friend working in Canada he also moved from US.
The salary rate etc is lot lower in fact. On the whole Canada is hard for foreign educated...
one of the reasons I am doing an MBA.
1.5 years it takes for Immigration from US/Canada. Actually
from Canada its faster but there is hope. The uncertainity in the US process
is unbearable.
Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
sertasheep
06-30 04:33 PM
How many of you are willing to share your name and full details of yourselves and application with the media and lawmakers?
helpful_leo
02-10 02:28 PM
Berkleybee
I have done as you suggested. The thread is "PACE amendment suggestions"
http://immigrationvoice.org/forum/showthread.php?t=151
Your input and suggestions are welcome, as is a formal word from IV.
I have done as you suggested. The thread is "PACE amendment suggestions"
http://immigrationvoice.org/forum/showthread.php?t=151
Your input and suggestions are welcome, as is a formal word from IV.
more...
funny
10-01 04:27 PM
Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
hare01
02-25 12:32 AM
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
Thanks a lot for your time. I appreciate your help in this regard.
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
Thanks a lot for your time. I appreciate your help in this regard.
more...
rama0083
03-07 12:31 PM
People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.
Thanks in advance guys.
If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.
Thanks in advance guys.
If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.
abhi2001
02-25 10:03 AM
Is Company A Satyam??
haha..no
haha..no
more...
nonimmi
10-19 03:46 PM
If you applied for labor through PERM and have a copy of you PERM application, the DOL o*net code is listed in section F. Box 2. of the ETA 9089 form. This code can then be looked up at the o*net web site: http://online.onetcenter.org/find/
Do you know how to find this DOL o*net code for non-PERM cases?
Do you know how to find this DOL o*net code for non-PERM cases?
xlxoel
06-03 02:30 PM
I just got the RFE for the I-131 and they just asked for two pictures.
I applied online and the asked me not to send anything, so now they requested these pics.
I already sent them, so hopefully I'll get my travel document soon!
I applied online and the asked me not to send anything, so now they requested these pics.
I already sent them, so hopefully I'll get my travel document soon!
more...
paskal
10-23 03:39 AM
here is your chance to put some faces to names ... or nick names/user id's
join in and take the opportunity to hear plans for the chapter and offer your own views. we all know our fight for fairness is not over by a long shot- let's start preparing for the next round!
join in and take the opportunity to hear plans for the chapter and offer your own views. we all know our fight for fairness is not over by a long shot- let's start preparing for the next round!
logiclife
01-05 12:01 PM
We are now at 8000 members exactly, as of 1:00 EST January 5th.
more...
hur11
01-22 07:26 PM
http://www.murthy.com/news/n_inseb2.html
Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.
Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.
Ahimsa
01-31 09:27 PM
As many as 500,000 legal immigrants are in a limbo on the greencard process. Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.
more...
H1Girl
02-27 01:08 PM
Mostly my question was misunderstood...
I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
RandyK
02-16 11:46 AM
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
more...
theMan
11-10 01:32 PM
I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?
Thank you,
Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.
Thank you,
Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.
reddy77
09-27 07:35 AM
485 and FP will have same receipt number, you should get 3 recipt numbers for each (485, AP and EAD) ..
I filed for AOS in Aug 07, my attorney advised me that we could combine the checks payable to USCIS for family members (EG: in place of one check for my 485 and one more for my wife we could combine both the checks for 485 and issue a single check for twice the amount). Based on the above, i issued 1 check for 485, 1 for EAD, 1 for FP and 1 for AP.
Now my checks have been cashed and i am able to see the receipt number on the back of the cashed check. I see two receipt numbers on the back of the checks for EAD and AP however i see only 1 receipt number on the back of the check for 485 (and the same number on the back of the check for FP)
Did any body else also send combined checks? Did you get a single receipt number or multiple numbers?
Thanks.
I filed for AOS in Aug 07, my attorney advised me that we could combine the checks payable to USCIS for family members (EG: in place of one check for my 485 and one more for my wife we could combine both the checks for 485 and issue a single check for twice the amount). Based on the above, i issued 1 check for 485, 1 for EAD, 1 for FP and 1 for AP.
Now my checks have been cashed and i am able to see the receipt number on the back of the cashed check. I see two receipt numbers on the back of the checks for EAD and AP however i see only 1 receipt number on the back of the check for 485 (and the same number on the back of the check for FP)
Did any body else also send combined checks? Did you get a single receipt number or multiple numbers?
Thanks.
manderson
11-05 02:19 PM
and i thought i was alone...
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
humdesi
05-31 08:53 PM
A friend of mine just came from India. Works for a bodyshopper. He is transferring to L-1A so that he can file in EB-1 multinational manager. Is this possible? What are the minimum requirements for EB-1?
If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
AmericanAccent
09-06 10:29 PM
I am not sure how your T and R is ,American Accent has T/R in unique way
American accent uses toungue movements in a specific way (just like any languague has its own movements)
It depends from person to person ,and the teacher helped me personally as per my need
And yes Im still practising my Exercises
IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.
On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.
Am I feeding a troll? I guess..
American accent uses toungue movements in a specific way (just like any languague has its own movements)
It depends from person to person ,and the teacher helped me personally as per my need
And yes Im still practising my Exercises
IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.
On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.
Am I feeding a troll? I guess..
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