gc_maine2
05-14 12:39 PM
Workvisasforall thanks for your response.
Hi workvisaforall,
I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.
Thanks
sree
QUOTE=workvisasforall;241596]apahilaj-
Please see responses below in color.
Good luck![/QUOTE]
Hi workvisaforall,
I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.
Thanks
sree
QUOTE=workvisasforall;241596]apahilaj-
Please see responses below in color.
Good luck![/QUOTE]
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vikramy
06-22 10:22 AM
Looks like you don't have any GC application pending. From what i know you can not work. You can only start working after your MTR gets approved.
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
stucklabor
07-26 02:59 PM
See original A.P. story below.
Copyright 2005 Associated Press
All Rights Reserved
The Associated Press
April 15, 2005, Friday, BC cycle
SECTION: Washington Dateline
LENGTH: 550 words
HEADLINE: Senate agrees to votes on immigration measures
BYLINE: By SUZANNE GAMBOA, Associated Press Writer
DATELINE: WASHINGTON
BODY:
Senate Republicans and Democrats worked out a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.
The immigration measures spilled into the Senate's debate over an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the United States on claims of asylum.
Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Democrat Sen. Barbara Mikulski that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.
Another by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farm worker advocates, but it faces opposition for providing legal status to some workers.
Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.
"While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders," Chambliss said.
Majority Leader Bill Frist, R-Tenn., the White House and other Republicans had pleaded with senators to keep immigration off the spending bill and address them later in comprehensive immigration legislation.
Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.
"The only reason we have these Democrat and Republican amendments dealing with immigration is because it was placed in the bill by the Republicans," said Democratic leader Harry Reid of Nevada. He said the immigration bills being offered are a "tiny speck" of the immigration problems the country faces.
Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B visa program, saying "the cat was already out of the bag on immigration." Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.
"Republican leadership has been stalling on this bill by not allowing votes on amendments like mine. I have brought people to the table to vote on this because Maryland's small businesses need help now," Mikulski said.
The House's Iraq spending bill includes the immigration measures its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. He withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to make it to Bush's desk.
They are almost universally opposed by Senate Democrats but also by state motor vehicle commissioners, some GOP senators and religious groups who say people fleeing persecution would be harmed.
Copyright 2005 Associated Press
All Rights Reserved
The Associated Press
April 15, 2005, Friday, BC cycle
SECTION: Washington Dateline
LENGTH: 550 words
HEADLINE: Senate agrees to votes on immigration measures
BYLINE: By SUZANNE GAMBOA, Associated Press Writer
DATELINE: WASHINGTON
BODY:
Senate Republicans and Democrats worked out a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.
The immigration measures spilled into the Senate's debate over an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the United States on claims of asylum.
Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Democrat Sen. Barbara Mikulski that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.
Another by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farm worker advocates, but it faces opposition for providing legal status to some workers.
Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.
"While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders," Chambliss said.
Majority Leader Bill Frist, R-Tenn., the White House and other Republicans had pleaded with senators to keep immigration off the spending bill and address them later in comprehensive immigration legislation.
Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.
"The only reason we have these Democrat and Republican amendments dealing with immigration is because it was placed in the bill by the Republicans," said Democratic leader Harry Reid of Nevada. He said the immigration bills being offered are a "tiny speck" of the immigration problems the country faces.
Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B visa program, saying "the cat was already out of the bag on immigration." Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.
"Republican leadership has been stalling on this bill by not allowing votes on amendments like mine. I have brought people to the table to vote on this because Maryland's small businesses need help now," Mikulski said.
The House's Iraq spending bill includes the immigration measures its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. He withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to make it to Bush's desk.
They are almost universally opposed by Senate Democrats but also by state motor vehicle commissioners, some GOP senators and religious groups who say people fleeing persecution would be harmed.
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meridiani.planum
04-17 08:38 PM
The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.
It is always good to wait till the new application is approved, and the approval notice has been received.
just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.
I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)
It is always good to wait till the new application is approved, and the approval notice has been received.
just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.
I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)
more...
gova123
08-14 03:31 PM
I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
probe
05-02 04:30 PM
NOV 29 2006 (RD) EB3 category NOV 2003 (PD ). Still waiting ...
more...
waitingnwaiting
12-06 08:54 AM
Facebook offers Rs 70 lakh job to IITian - The Times of India (http://timesofindia.indiatimes.com/tech/careers/job-trends/Facebook-offers-Rs-70-lakh-job-to-IITian/articleshow/7041790.cms)
Facebook offers Rs 70 lakh job to IITian
Read more: Facebook offers Rs 70 lakh job to IITian - The Times of India IIT student gets Rs 70 lakh job offer from Facebook - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/jobs/IIT-student-gets-Rs-70-lakh-job-offer-from-Facebook/articleshow/7040500.cms#ixzz17LNjLY3d)
CHENNAI/MUMBAI: Facebook on Friday recruited one of its addicts from India. The website, which recently logged its 500 millionth active citizen, made an offer of about Rs 70 lakh for a posting in the United States, which has created a buzz on all IIT campuses where annual placements are on.
In the last three days, no other company, domestic or foreign, has come close to offering this kind of a compensation package.
While Facebook is still interviewing more IITians, the student in question, who gives his name as DKS � he is to graduate from the school of computer science and engineering at IIT-Kharagpur in 2011 and doesn't want his full name to be revealed � has received a '' join-us'' post from the website.
On his wall, DKS announces how he is hooked to Facebook, which cuts his day by half. He now knows that the social networking site, known as the Big Boss of the web-world, will eat up his days.
On the offer letter, officials from IIT-Kharagpur said Facebook offered a starting salary of $90,000, a relocation bonus of $10,000 and a one-time signing amount of $25,000 to the 21-year-old from Jamshedpur. But on the Kharagpur campus, students said DKS had also been offered ESOPs and the entire offer translates to about Rs 1.7 crore.
However, sources in the placement cell did not confirm this. DKS, whose father is a government employee, has in his time at IIT interned as a research assistant at the University of British Columbia and at Microsoft India.
Interviews were on till late Friday at IIT-Madras where Facebook shortlisted 10 students. But, after several rounds of interviews, it did not select anyone from IIT-Delhi. Close to 30 students were placed from IIT-B on Friday.
At IIT-Madras, the highest domestic offer on Friday came from Transocean, which offered Rs 28 lakh and the high point of the day was when Intel offered positions to 30 students.
At IIT-B, Tower Research which offered jobs to six students, was among the high paying companies. Several financial institutions � Goldman Sachs, Bank of American, Deutsche Bank, Citibank, Capital One � have made a come back after lying low in the recessionary years.
N Ramesh Babu, adviser (training and placement), IIT Madras, is both excited as well as in a dilemma of sorts with 250-odd recruiters comprising a mix of old and new economy having lined up in close slots till end-January 2011.
''We are in a position where, say, after 20 days you may not have enough students for recruitment. We have not been able to give dates for some companies.
Most companies which hire here, will also be going to the other IITs,'' he said. In the last two days, IIT-Delhi too has seen 110 students being offered jobs
Read more: Facebook offers Rs 70 lakh job to IITian - The Times of India IIT student gets Rs 70 lakh job offer from Facebook - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/jobs/IIT-student-gets-Rs-70-lakh-job-offer-from-Facebook/articleshow/7040500.cms#ixzz17LNmHU7H)
Facebook offers Rs 70 lakh job to IITian
Read more: Facebook offers Rs 70 lakh job to IITian - The Times of India IIT student gets Rs 70 lakh job offer from Facebook - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/jobs/IIT-student-gets-Rs-70-lakh-job-offer-from-Facebook/articleshow/7040500.cms#ixzz17LNjLY3d)
CHENNAI/MUMBAI: Facebook on Friday recruited one of its addicts from India. The website, which recently logged its 500 millionth active citizen, made an offer of about Rs 70 lakh for a posting in the United States, which has created a buzz on all IIT campuses where annual placements are on.
In the last three days, no other company, domestic or foreign, has come close to offering this kind of a compensation package.
While Facebook is still interviewing more IITians, the student in question, who gives his name as DKS � he is to graduate from the school of computer science and engineering at IIT-Kharagpur in 2011 and doesn't want his full name to be revealed � has received a '' join-us'' post from the website.
On his wall, DKS announces how he is hooked to Facebook, which cuts his day by half. He now knows that the social networking site, known as the Big Boss of the web-world, will eat up his days.
On the offer letter, officials from IIT-Kharagpur said Facebook offered a starting salary of $90,000, a relocation bonus of $10,000 and a one-time signing amount of $25,000 to the 21-year-old from Jamshedpur. But on the Kharagpur campus, students said DKS had also been offered ESOPs and the entire offer translates to about Rs 1.7 crore.
However, sources in the placement cell did not confirm this. DKS, whose father is a government employee, has in his time at IIT interned as a research assistant at the University of British Columbia and at Microsoft India.
Interviews were on till late Friday at IIT-Madras where Facebook shortlisted 10 students. But, after several rounds of interviews, it did not select anyone from IIT-Delhi. Close to 30 students were placed from IIT-B on Friday.
At IIT-Madras, the highest domestic offer on Friday came from Transocean, which offered Rs 28 lakh and the high point of the day was when Intel offered positions to 30 students.
At IIT-B, Tower Research which offered jobs to six students, was among the high paying companies. Several financial institutions � Goldman Sachs, Bank of American, Deutsche Bank, Citibank, Capital One � have made a come back after lying low in the recessionary years.
N Ramesh Babu, adviser (training and placement), IIT Madras, is both excited as well as in a dilemma of sorts with 250-odd recruiters comprising a mix of old and new economy having lined up in close slots till end-January 2011.
''We are in a position where, say, after 20 days you may not have enough students for recruitment. We have not been able to give dates for some companies.
Most companies which hire here, will also be going to the other IITs,'' he said. In the last two days, IIT-Delhi too has seen 110 students being offered jobs
Read more: Facebook offers Rs 70 lakh job to IITian - The Times of India IIT student gets Rs 70 lakh job offer from Facebook - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/jobs/IIT-student-gets-Rs-70-lakh-job-offer-from-Facebook/articleshow/7040500.cms#ixzz17LNmHU7H)
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psaxena
02-20 07:32 PM
Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
more...
Dhundhun
12-10 09:43 AM
25,000 members, every day request to raise $30,000.
Why not happening? Even every member contribute $2, it becomes $50,000.
The question comes to whom contribute? This web site does not belong to me. If some question is in my mind, I can't start a thread. Which individual/group it belongs to? Who can start a thread? For the last 2-3 days, I am trying to find answers.
How many members are active? Is it or the orders of tengths or hundreds or thousands?
If with 25,000 members, raising $30,000 is difficult, there is some problem. One of the problem defenetly it is not open - even I asked, how can I start a thread, I did not get answer.
I think, core team to get into action to motivate people - as an example I am now so much demotivatied that thinking not visiting this site.
Why not happening? Even every member contribute $2, it becomes $50,000.
The question comes to whom contribute? This web site does not belong to me. If some question is in my mind, I can't start a thread. Which individual/group it belongs to? Who can start a thread? For the last 2-3 days, I am trying to find answers.
How many members are active? Is it or the orders of tengths or hundreds or thousands?
If with 25,000 members, raising $30,000 is difficult, there is some problem. One of the problem defenetly it is not open - even I asked, how can I start a thread, I did not get answer.
I think, core team to get into action to motivate people - as an example I am now so much demotivatied that thinking not visiting this site.
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lsuk
07-21 10:24 PM
GCKarma,
You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.
You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.
more...
thomachan72
10-04 02:54 PM
I don't think so, only Green cards and citizens are taxed on world wide income.
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.
Anybody with expertise with the public PF? That would be a great if we could use that. As you said we can take off the contribution from our gross for tax purpose and also the interest rates are very high (I believe >10%), and on top of that it is not taxable when you withdraw at retirement age. I am going to ask my CA friend in India and will post the information here. However, it sounds too good to be true:D:D
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.
Anybody with expertise with the public PF? That would be a great if we could use that. As you said we can take off the contribution from our gross for tax purpose and also the interest rates are very high (I believe >10%), and on top of that it is not taxable when you withdraw at retirement age. I am going to ask my CA friend in India and will post the information here. However, it sounds too good to be true:D:D
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ramus
05-29 09:12 PM
HI.. Could you please send web-fax.. We want to reach 3000 number tonight..
If core team is doing so much, can we do this for ourself and show them our support.
Thank you so much.
How will the new bill affect the I-485 processing time?
Does anyone know the minimum and maximum times required for I-485 processing?
What type of factors delay the I-485 processing?
Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?
Thank you in advance for your information.
If core team is doing so much, can we do this for ourself and show them our support.
Thank you so much.
How will the new bill affect the I-485 processing time?
Does anyone know the minimum and maximum times required for I-485 processing?
What type of factors delay the I-485 processing?
Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?
Thank you in advance for your information.
more...
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greenguru
04-30 06:18 PM
very smart singhsa3. Nice thread.
Cheers
Cheers
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optimystic
09-15 11:52 AM
It still says Aug 15th. I don't think they will release it yet.
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
more...
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El_Guapo
01-14 04:07 PM
Text "HAITI" to 90999 from your cellphone. This will automatically donate $10 to the Red Cross International Relief Fund. It will be charged to your cellphone bill next month. I've done this already.
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tnite
03-31 06:24 PM
Hi All Gurus:
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
You can change your employer 180 days after filing your I485 provided your I140 is approved.
Think twice before you act
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
You can change your employer 180 days after filing your I485 provided your I140 is approved.
Think twice before you act
more...
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smuggymba
09-17 11:47 PM
For FY2010 it was ~ 10K and it was mentioned some time back on USCIS website that the spillover for FY2011 may be similar. But I guess we won't know until an official announcement is made.
thread starter is saying it will make dates current....how is this possible with the same amount of spillover?
thread starter is saying it will make dates current....how is this possible with the same amount of spillover?
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IfYouSeekAmy
08-28 12:33 PM
Hmmm.. I agree.
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
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sujith1
08-02 09:31 PM
Sorry - did not check this thread till today
My RD was July 11 for both of us - got Ead for me Aug 2 with 2 yr validity
hers is still pending
Mine shows no FP on file even though I did FP in Oct 07 ( less than 1 yr) That kinda worries me
Anyways PD is May 04 EB3 - so long way to go - and besides caring at this point when I see PD of 2006 getting GC
My RD was July 11 for both of us - got Ead for me Aug 2 with 2 yr validity
hers is still pending
Mine shows no FP on file even though I did FP in Oct 07 ( less than 1 yr) That kinda worries me
Anyways PD is May 04 EB3 - so long way to go - and besides caring at this point when I see PD of 2006 getting GC
nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
thomachan72
01-13 05:20 AM
Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.
