indyanguy
11-07 08:58 AM
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.
I will keep in mind what you suggested and will do more research before taking any action.
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.
I will keep in mind what you suggested and will do more research before taking any action.
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wandmaker
12-30 12:17 PM
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
We need to identify number of people who can really make a big chunk of one time contribution (like $500,$1000,$2000), and we should aim at scoring atleast 2000 committed members, so that per person share would be $500. Once we have the pledge from committed members; IV shall announce the fund raising day (instead of fund raising thread) in advance, all committed members will contribute the same day (optimistic).
We need to identify number of people who can really make a big chunk of one time contribution (like $500,$1000,$2000), and we should aim at scoring atleast 2000 committed members, so that per person share would be $500. Once we have the pledge from committed members; IV shall announce the fund raising day (instead of fund raising thread) in advance, all committed members will contribute the same day (optimistic).
randallemery
03-10 10:22 PM
Immigration Press Briefing
9:00 am PST, February 28, 2006
This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.
We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.
It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.
Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.
This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.
The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry
We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.
To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.
To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.
What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.
9:00 am PST, February 28, 2006
This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.
We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.
It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.
Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.
This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.
The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry
We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.
To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.
To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.
What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.
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mattresscoil
12-21 02:47 PM
uslegals:
Please carry the July 2007 bulletins with you. I mean all 3. The one from July 1, July 2 and the other one which opened a window for all to apply. I say this because my experience in the past. Just carry all the documents and good luck!!
Please carry the July 2007 bulletins with you. I mean all 3. The one from July 1, July 2 and the other one which opened a window for all to apply. I say this because my experience in the past. Just carry all the documents and good luck!!
more...
julsun
01-03 11:57 AM
YOU: If thats a valid visa until 2009 you can travel without AP. Else, you can travel but will need H1 stamped.
YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
If your travels are not urgent you could wait for AP and save couple hundred bucks!
But dont you need to wait for AP approval to travel if you are in AdjustmentOfStatus Phase?
Thanks
YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
If your travels are not urgent you could wait for AP and save couple hundred bucks!
But dont you need to wait for AP approval to travel if you are in AdjustmentOfStatus Phase?
Thanks
Cranberry160
12-02 12:20 PM
Miamikk,
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
more...
samcam
10-24 01:59 PM
Thanks Chanduv23! Hopefully it will be a RFE :)
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sgorla
01-29 06:37 PM
You should not have any problem at the port of entry as long as you have a valid H1B visa stamp in your passport, and have a new H1B approval notice from the new employer.
Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
more...
Dhundhun
04-09 02:49 AM
You must be filing under (c)(9). That is AOS pending.
I feel that your current status is "Entered into USA using H1B Visa". I needed to e-file for my wife and mentioned "SPOUSE/CHILD OF H-1 THRU H-3" for that.
Since no one has answered your question, I am just providing information, what I have done. It may not be accurate. I hope no one puts "RED" marks for this. RED marks have become pretty common for providing any suggestion.
I feel that your current status is "Entered into USA using H1B Visa". I needed to e-file for my wife and mentioned "SPOUSE/CHILD OF H-1 THRU H-3" for that.
Since no one has answered your question, I am just providing information, what I have done. It may not be accurate. I hope no one puts "RED" marks for this. RED marks have become pretty common for providing any suggestion.
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nixstor
12-02 10:30 PM
This is not an AD moron. I am not looking to hire anyone. I am asking about NON-IMMIGRANT VISA advice. Since the forum is titled Immigration Voice > Immigration Information > NON-IMMIGRANT VISAS, I don't think my post can be THAT far from the right section.
WTFever,
This forum is intended for Highly Skilled Immigrants who are on Non Immigrant visa and are caught in the green card log jam. Discussion topics here are predominantly related to Employment based GC. You might not get a CORRECT answer here as your situation is not some thing common for people on this forum. You should talk to a lawyer and get advice for your situation.
www.murthy.com
www.immigraton.com
www.immigration-law.com
HTH
WTFever,
This forum is intended for Highly Skilled Immigrants who are on Non Immigrant visa and are caught in the green card log jam. Discussion topics here are predominantly related to Employment based GC. You might not get a CORRECT answer here as your situation is not some thing common for people on this forum. You should talk to a lawyer and get advice for your situation.
www.murthy.com
www.immigraton.com
www.immigration-law.com
HTH
more...
siddar
01-05 04:40 PM
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
my 2 cents.
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eb3retro
09-11 11:48 PM
Folks,
We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.
We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...
I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...
Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...
gc_mania_03
well said gcmania, I like your attitude.
We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.
We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...
I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...
Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...
gc_mania_03
well said gcmania, I like your attitude.
more...
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apb
08-01 07:13 PM
May be She will get the receipt number of her RFE in next 30 days.
Guys there are many many july 2nd filers in queue..:-) She has to wait..She knows :-)
Guys there are many many july 2nd filers in queue..:-) She has to wait..She knows :-)
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honge_kamyaab
02-01 12:33 PM
Is anyone here familiar with Canadian PR landing process. What does it mean
to "land"?
I got approved PR papers from Canada. They gave a deadline to land in Canada
before which I am planning to go to Canada. I work in US now and plan to return after landing. How many days does it take to complete this process.
Suggestions?
Thanks in advance.
to "land"?
I got approved PR papers from Canada. They gave a deadline to land in Canada
before which I am planning to go to Canada. I work in US now and plan to return after landing. How many days does it take to complete this process.
Suggestions?
Thanks in advance.
more...
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jq45
06-15 10:11 AM
Medical Examination I-693 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.
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plassey
08-19 05:54 PM
Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
more...
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RDB
12-02 08:24 PM
Don't get excited too soon :)
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
PD-12/05
RD-07/03/07
This LUD was after more than a year. Hope Jan bulletin brings some movement.
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
PD-12/05
RD-07/03/07
This LUD was after more than a year. Hope Jan bulletin brings some movement.
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johnamit
06-30 08:49 AM
If I were you, I would decide office by Receipt Number EAC/LIN
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lonedesi
10-20 12:01 AM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
rsdang
08-22 12:11 PM
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.
They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.
NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.
Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...
Hope this helps
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.
They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.
NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.
Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...
Hope this helps
rjgleason
January 6th, 2004, 09:41 AM
I took some photos today in poor light (please, sun...) and had to use ISO 800 to get decent shutter speeds. However, I find this isn't really useful with small birds as the noise basically covers a lot of detail. I find it difficult to on the one hand remove enough noise from the background so sharpening doesn't amplify it too much, and on the other hand leave enough noise so the feather details don't get smoothed out. So, what I did was use the magnetic lasso tool to select the bird (and inversely everything else), and used more Neat Image on the background than on the bird. I wonder if this couldn't be a trick to save some borderline images.
I'd appreciate if you'd critique these two images: do they look very unnatural to you? It does give almost a 3D effect, but I think I may have gone too far on the backgrounds.
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/Talgoxe.jpg
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/KoltrastHona.jpg
Anders: Great idea....looks fantastic........Now its time you set up yourself in the Photographer's notebook and this shud be your first entry.
I'd appreciate if you'd critique these two images: do they look very unnatural to you? It does give almost a 3D effect, but I think I may have gone too far on the backgrounds.
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/Talgoxe.jpg
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/KoltrastHona.jpg
Anders: Great idea....looks fantastic........Now its time you set up yourself in the Photographer's notebook and this shud be your first entry.
