umndude
06-17 03:19 PM
Let's say there is a problem. What can you do to fix it? You want to start GC fresh?
Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
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jvs_annapurna
04-20 02:32 PM
Hi guys
There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.
There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.
bb20078
10-10 09:20 AM
I also want to know the answer to this question
Can you re enter USA on H4 after using EAD
On the immigration form at the port of entry, can you put H4 and say YES to do you work?
Can you re enter USA on H4 after using EAD
On the immigration form at the port of entry, can you put H4 and say YES to do you work?
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manderson
11-09 08:57 AM
unless you are a European on EB3.
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
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vicks_don
04-18 03:23 PM
i understand it now.
asdqwe2k
04-19 10:02 AM
Job location does not matter, as long as it is mentioned that it will be the case in the Labour application.
All the desi consulting companies do that, so that their employees can work anywhere in USA...
All the desi consulting companies do that, so that their employees can work anywhere in USA...
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GCSOON-Ihope
11-06 12:31 PM
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
It is more a matter related to Department of Labor than USCIS.
It is more a matter related to Department of Labor than USCIS.
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sertasheep
07-05 05:27 PM
syzygy, can you please update your profile with your telephone number? i'd like to talk to you about your experience with 07/02
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optimystic
09-21 11:59 PM
Several people have said the need and craving for GC is just in one's state of mind. And that one can do a lot of things without GC, move around freely with EAD+AC21 and that even after getting GC , people who have no drive/vision/talent, will see no sudden change/bright future just because now they have GC in hand.
I agree with all the above arguments.
But I also want to add that having GC or for that matter having anything (like money, good wife/family, good job) etc is about having MORE options and FREEDOM of choice at your disposal, and less things to worry about.
While EAD+AC21 gives you a lot of freedom
You still have to worry about
- Timely renewal of EAD
- Timely renewal of AP
- Worry about being hassled when entering via AP.
- Not able to do a second side job
etc
Others can say that people who worry, always have reasons to worry. And I don't debate that :) . But bottom line, its about having more options at your disposal. May be not everyone will use those options effectively once its in their hands. But to those who want to, and capable of using them, its a loss by not having those options in hand.
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).
Vivekanada was a wealthy , happily married Narendranath at one point in his life. But after he met Paramahamsa and got set on spiritual path, he renounced money (!), family (!!) and everything else...for what his mind was set on at that time. I am sure he would have asked himself "What is money?" , "What is family" ?
You or me may never reach that kind of "Viragya", but I am sure we will pass thru stages in life, where GC, or Money, or Cozy life in US will mean nothing to us. All you want might be to have a good health, peaceful retirement, be close to your wife, and close to your son/daughter/grandkids who may be far away from you like you now are far from your parents !
Despite being aware of all this, I am sure tomorrow you and I are going to log in to IV for some interesting bit of info, going to check for LUD, or check the processing/visa date bulletin. Thats because we are human. And I am not ashamed of it because I know I am not obsessive about it, atleast not yet :)
I agree with all the above arguments.
But I also want to add that having GC or for that matter having anything (like money, good wife/family, good job) etc is about having MORE options and FREEDOM of choice at your disposal, and less things to worry about.
While EAD+AC21 gives you a lot of freedom
You still have to worry about
- Timely renewal of EAD
- Timely renewal of AP
- Worry about being hassled when entering via AP.
- Not able to do a second side job
etc
Others can say that people who worry, always have reasons to worry. And I don't debate that :) . But bottom line, its about having more options at your disposal. May be not everyone will use those options effectively once its in their hands. But to those who want to, and capable of using them, its a loss by not having those options in hand.
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).
Vivekanada was a wealthy , happily married Narendranath at one point in his life. But after he met Paramahamsa and got set on spiritual path, he renounced money (!), family (!!) and everything else...for what his mind was set on at that time. I am sure he would have asked himself "What is money?" , "What is family" ?
You or me may never reach that kind of "Viragya", but I am sure we will pass thru stages in life, where GC, or Money, or Cozy life in US will mean nothing to us. All you want might be to have a good health, peaceful retirement, be close to your wife, and close to your son/daughter/grandkids who may be far away from you like you now are far from your parents !
Despite being aware of all this, I am sure tomorrow you and I are going to log in to IV for some interesting bit of info, going to check for LUD, or check the processing/visa date bulletin. Thats because we are human. And I am not ashamed of it because I know I am not obsessive about it, atleast not yet :)
hair Poison Ivy
chanduv23
03-03 12:12 PM
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
I used my personal Attorney from time of filing 485 - she worked with me through the AC21 process and till date represents me now also. It is very much advisable to have personal Attorney who represents you.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
I used my personal Attorney from time of filing 485 - she worked with me through the AC21 process and till date represents me now also. It is very much advisable to have personal Attorney who represents you.
more...
kaisersose
07-16 02:39 PM
You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
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123456mg
07-20 03:32 AM
Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) and tax returns is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.
Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".
The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".
The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
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quizzer
10-05 12:26 PM
Naresh,
Please keep us posted.
Please keep us posted.
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bsbawa10
09-02 11:39 AM
lol..
I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..
atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D
I think right now the customer service/info pass people are just saying whatever comes to their mouth at that point of time or what they can see on their monitors. They do not research into the case at all. To me that is not customer service at all. Rather it is a disservice in the sense that I got nothing but confusions from them. I still do not know where my case is right now in CSC or TSC. I got three different answers to the same question. The interesting thing is that on talking to the customer service (who said my case is still in CSC), I argued and said that CSC says that it is back in TSC, the reply was, "so it must be in TSC ". In other words, she repeated my own words.
I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..
atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D
I think right now the customer service/info pass people are just saying whatever comes to their mouth at that point of time or what they can see on their monitors. They do not research into the case at all. To me that is not customer service at all. Rather it is a disservice in the sense that I got nothing but confusions from them. I still do not know where my case is right now in CSC or TSC. I got three different answers to the same question. The interesting thing is that on talking to the customer service (who said my case is still in CSC), I argued and said that CSC says that it is back in TSC, the reply was, "so it must be in TSC ". In other words, she repeated my own words.
more...
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psam
08-26 04:17 PM
Hello all,
It appears that my green card is lost in mail.
My spouse received her 10 days back. Our 485 was approved on same day, so I think mine must be lost.
I will wait for another couple of days for it to appear. Meanwhile I had few questions
1. What is the process to getting a duplicate?
2. If I just get GC stamped on my passport, will I be able to transit from Paris or London airport?
It appears that my green card is lost in mail.
My spouse received her 10 days back. Our 485 was approved on same day, so I think mine must be lost.
I will wait for another couple of days for it to appear. Meanwhile I had few questions
1. What is the process to getting a duplicate?
2. If I just get GC stamped on my passport, will I be able to transit from Paris or London airport?
dresses Horrible villain.
conchshell
08-13 02:48 PM
who is vld rao?
He is our cheer leader for monthly visa bulletins. You have posted 116 messages and you don't know Mr Rao?? High time for you to start reading other's posts, other than just writing yours :D
He is our cheer leader for monthly visa bulletins. You have posted 116 messages and you don't know Mr Rao?? High time for you to start reading other's posts, other than just writing yours :D
more...
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desi3933
07-20 04:29 PM
My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
girlfriend Poison Ivy
ramus
04-27 04:51 PM
Fond this..
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
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GCD
07-27 08:37 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
rubinop
04-15 12:39 PM
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
Dear st4rguitar, thank you very much for your answer. I appreciate it.
So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!
Dear st4rguitar, thank you very much for your answer. I appreciate it.
So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!
eb3_nepa
04-16 11:21 PM
Dont the bill have to be placed in federal register after the Prez signs it, for 90 days for it to be law? I remember so from the PERM regulation timeline.
Do you have any kind of documentation or a Link for this by any chance?
Do you have any kind of documentation or a Link for this by any chance?
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