desi3933
02-18 06:21 PM
Are guys nut? Don't you want to watch your child grow?! :confused:
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
jthomas
05-18 11:15 AM
Thanks for more information
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.
you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.
Thanks
J thomas
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.
you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.
Thanks
J thomas
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
jonty_11
01-15 10:29 AM
Hi,
Out of the 3 - CELPIP, IELTS,
which do u think is teh preferred test for us?
Just got Letter from Buffalo Canada Consulate to provide results of this test.
Plus Looks like IELTS does not have a test location in the state I reside in.
Out of the 3 - CELPIP, IELTS,
which do u think is teh preferred test for us?
Just got Letter from Buffalo Canada Consulate to provide results of this test.
Plus Looks like IELTS does not have a test location in the state I reside in.
anilsal
11-18 04:30 PM
USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)
Why would USCIS do duplicate work?
Why would USCIS do duplicate work?
more...
galacticman
03-05 06:29 PM
Coopheal, what was the filing date for your 485? I take that it went to NSC? I'm a mid July '07 filer and am hoping for LUD's since processing times are current for that month. Offcourse it would be preadjudication like yours since my PD is so far from being current. Luckily my 140 was approved last year prior to 485.
David C
November 25th, 2005, 01:11 AM
Both compositions have different things going for them - I think I lean slightly towards the dark one... Though I also feel the first one would have looked better to me if it had been a bit sharper in the centre (and the second, which does seem sharp enough at the top of the bloom, if the DOF had been a little wider) ??
more...
cbadari99
05-18 04:59 PM
Wont make a major difference overall except take PhD out of the queue.
Anyway PhDs are very few per year. A lot of PhDs taking
faculty positions get EB1 anyway so this bill would mainly help those PhDs
with EB2
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
Anyway PhDs are very few per year. A lot of PhDs taking
faculty positions get EB1 anyway so this bill would mainly help those PhDs
with EB2
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
NKR
09-22 09:00 AM
Thats what GC means to me.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
.
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
.
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.
more...
ronhira
07-11 02:16 PM
My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
that was a mistake :p ..... they meant to take 200 days..... but the guy who was doing data entry typed 20 instead of 200. So your EAD/AP got processed in 20 days..... in the end uscis did something right by mistake ...... we all just have to hope that uscis will continue to do these mistakes ..... without which no application can get processed in a timely manner.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
that was a mistake :p ..... they meant to take 200 days..... but the guy who was doing data entry typed 20 instead of 200. So your EAD/AP got processed in 20 days..... in the end uscis did something right by mistake ...... we all just have to hope that uscis will continue to do these mistakes ..... without which no application can get processed in a timely manner.
milind70
07-17 04:11 PM
So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
I think you need to be in US when the application reaches the USCIS office.
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
I think you need to be in US when the application reaches the USCIS office.
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
more...
coopheal
12-04 08:58 AM
Bump
BimmerFAn
06-13 01:45 PM
No there is no premium processing process for waiver applications. There seems to be no apparent order in the order they are adjudicated. Once the Department of State recommends you for a waiver you may apply for H1B change of status with the recommendation alone. If ur H1B application is filed for premium processing then the USCIS might adjudicate the waiver within 15 days as part of the h1b processing.
more...
burnt
12-12 01:53 PM
Friends - Do they ask for I-485 receipts at the port of entry while returning on AP?
walking_dude
01-30 11:46 AM
Thanks.
Also, E-mail them the IV Press Release too so that they understand that a whole community is impacted by the issue and there is an organization working on this issue. We are collecting stories from members and can provide to media if they contact us.
Anyone with licence rejection contact - vivek AT ImmigrationVoice DOT org
We want to get our issues covered by media. Everyone please help us get our DL issues covered by them.
Thanks again for doing the right thing.
Emailed Detroit News and Free Press
and NPR(Miradio.org)
Also, E-mail them the IV Press Release too so that they understand that a whole community is impacted by the issue and there is an organization working on this issue. We are collecting stories from members and can provide to media if they contact us.
Anyone with licence rejection contact - vivek AT ImmigrationVoice DOT org
We want to get our issues covered by media. Everyone please help us get our DL issues covered by them.
Thanks again for doing the right thing.
Emailed Detroit News and Free Press
and NPR(Miradio.org)
more...
snathan
05-20 06:19 PM
Not favoring Wipro or quitting person here. General comment..
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
mambarg
08-05 06:13 PM
With 700K predicted applications pending From July ,
Was just wondering what will be long term effects.
Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
Now coming July which is 6 months prior to expiry of 1st EAD.
There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?
It is like any surge in electric voltage generally blows away the device.
I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??
What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
Was just wondering what will be long term effects.
Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
Now coming July which is 6 months prior to expiry of 1st EAD.
There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?
It is like any surge in electric voltage generally blows away the device.
I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??
What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
more...
akhilmahajan
11-14 08:28 PM
December visa bulletin is out and everybodys knows what they are in for. Truth is always bitter.
Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.
Folks this is the time to fight it out. Lets fight for ourselves.
The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.
The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.
There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet
Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.
Think about it.
Go IV Go. Together we can.
Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.
Folks this is the time to fight it out. Lets fight for ourselves.
The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.
The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.
There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet
Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.
Think about it.
Go IV Go. Together we can.
Macaca
12-15 11:49 AM
I have not seen the USCIS catalog for H1B rules. I assume it should be available online at the state deptt.
My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.
You can not start working before the start date mentioned on your H1B.
I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.
I remind you that I have not seen the USCIS catalog.
My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.
You can not start working before the start date mentioned on your H1B.
I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.
I remind you that I have not seen the USCIS catalog.
LostInGCProcess
03-03 11:24 AM
I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.
AC21 issues can be resolved. So don't worry about it.
Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?
AC21 issues can be resolved. So don't worry about it.
Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?
saturnring11
07-22 06:31 PM
You should analyze this situation based both on what it does for your career and immigration prospects.
Let's say you accept the EB3 employment with the big company. Does that get you closer to where you want to be 5 years down the line?
Can you not find an equivalent company or another job at this consulting company that would be eligible for EB2? This would be the best of both worlds.
Life is about trade-offs. You've got to make the best choice for yourself weighing the pros and cons of the situation.
If you value your career over your GC and think this is the best you can do right now, by all means jump. Otherwise, be patient and find the combination of EB2 sponsorship at another more rewarding role.
Good luck!
Let's say you accept the EB3 employment with the big company. Does that get you closer to where you want to be 5 years down the line?
Can you not find an equivalent company or another job at this consulting company that would be eligible for EB2? This would be the best of both worlds.
Life is about trade-offs. You've got to make the best choice for yourself weighing the pros and cons of the situation.
If you value your career over your GC and think this is the best you can do right now, by all means jump. Otherwise, be patient and find the combination of EB2 sponsorship at another more rewarding role.
Good luck!
nsveta
04-22 01:16 PM
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
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