kaisersose
03-13 04:58 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
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viva
01-27 08:02 PM
Forget it....It seems there is no interest in people contributing to this site..
cowards...misers....u will repent your miserliness when you do not get any bill with green card relief......at that time, it will too late to do anything.....
cowards...misers....u will repent your miserliness when you do not get any bill with green card relief......at that time, it will too late to do anything.....
jkm2282
01-07 09:06 PM
Thanks. The VO did said that the visa has been issued and the PP would be delivered to me in 5-7 days. It's been over a week now and i am getting all tensed about this whole thing. Can i just go over to the consulate and enquire about it? There is no appointment needed?
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keerthisagar
12-21 07:41 AM
I am all up for it & won't mind doing it all...
This is good idea - call for members to join the effort. You can count me in.
This is good idea - call for members to join the effort. You can count me in.
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jsb
01-07 01:03 PM
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
onemorecame
03-06 02:41 PM
What are the document are required while travelling on AP?
Please let me know what kind of question they ask at POE?
All other kind of information will help me prepare in advance
Thanks
Please let me know what kind of question they ask at POE?
All other kind of information will help me prepare in advance
Thanks
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GumI485
01-22 06:35 PM
Thank you for representating us.
God bless you all
God bless you all
2010 life being tough hard
dpp
06-04 02:10 PM
but in this case the H1b stamp on my passport is still valid and not expired.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
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pamith
10-09 12:43 AM
I remember the anticipation among IV members before the monthly bulletin came out. As many EB2 folks have got GC looks like the craze has died down. Very few replies to the visa bulletin thread.
I wish everyone gets their GC's sooner than later.
Not really, it was well known that there is no movement expected in OCT, NOV and DEC bulletin, July, Aug and Sept are action months.
I wish everyone gets their GC's sooner than later.
Not really, it was well known that there is no movement expected in OCT, NOV and DEC bulletin, July, Aug and Sept are action months.
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logiclife
05-30 03:04 PM
As of May 30, 2006, our total contributions stand at $ 137,616.10.
IV team would like to thank all the contributors who have shown a great deal of passion and commitment to this cause and helped us achieve the goal of reaching 130K by Memorial Day.
We are extremely pleased with the enthusiasm of our membership. Almost 30% of our members have contributed funds at some point.
Our contributions not only help us fund the public advocacy and professional help we receive from Quinn-Gillespie, it also represents the strength and commitment of the people who constitute this organization. The amount of funds we get is also a measure of the amount of frustration faced by nearly half a million legal high-skills immigrants who are victims of a broken system. It is also a measure of the strength and resolve of people who want to stand up to an unfair system and fight it.
We thank all our contributors for showing a firm resolve and participating in this effort.
"Always bear in mind that your own resolution to succeed is more important than any one thing."
Abraham Lincoln (1809 - 1865)
http://www.rowleycorvette.com/cards/misc0011.jpg
IV team would like to thank all the contributors who have shown a great deal of passion and commitment to this cause and helped us achieve the goal of reaching 130K by Memorial Day.
We are extremely pleased with the enthusiasm of our membership. Almost 30% of our members have contributed funds at some point.
Our contributions not only help us fund the public advocacy and professional help we receive from Quinn-Gillespie, it also represents the strength and commitment of the people who constitute this organization. The amount of funds we get is also a measure of the amount of frustration faced by nearly half a million legal high-skills immigrants who are victims of a broken system. It is also a measure of the strength and resolve of people who want to stand up to an unfair system and fight it.
We thank all our contributors for showing a firm resolve and participating in this effort.
"Always bear in mind that your own resolution to succeed is more important than any one thing."
Abraham Lincoln (1809 - 1865)
http://www.rowleycorvette.com/cards/misc0011.jpg
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kondur_007
10-16 04:10 PM
My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.
If you do not plan to return to the original employer after GC approval; you have to use AC 21. (otherwise it will be problem in future).
However, "using AC21" does not require you to send anything to USCIS (although you CAN send); what would be needed at minimum is some documentation that justifies the "same or similar" occupation and wages. Now you can have this documentation with your lawyer and never send it to USCIS (unless asked for) or you can file it with USCIS (and in that case it gets lost in 90% cases as their mailroom does not know what to do with it). Having this documentation will help you in future if there is a question why you did not work for the sponsoring employer after GC approval.
See my comments in following thread as well:
http://immigrationvoice.org/forum/showthread.php?t=22051
Hope this clarifies things.
Good Luck.
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.
If you do not plan to return to the original employer after GC approval; you have to use AC 21. (otherwise it will be problem in future).
However, "using AC21" does not require you to send anything to USCIS (although you CAN send); what would be needed at minimum is some documentation that justifies the "same or similar" occupation and wages. Now you can have this documentation with your lawyer and never send it to USCIS (unless asked for) or you can file it with USCIS (and in that case it gets lost in 90% cases as their mailroom does not know what to do with it). Having this documentation will help you in future if there is a question why you did not work for the sponsoring employer after GC approval.
See my comments in following thread as well:
http://immigrationvoice.org/forum/showthread.php?t=22051
Hope this clarifies things.
Good Luck.
hot Life is as easy or as hard as
485_spouse
07-20 03:09 PM
Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.
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crystal
11-16 01:13 PM
They said the same to my undelivered AP that they never received it. But they sent AP back to my lawyer along with my undelivered notice . My lawyer got it after 45 days from the day USCIS said it is initally mailed.
I applied for my EAD in July 2007, got it approved Oct 2007, mailed to me but I NEVER received it.
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
I applied for my EAD in July 2007, got it approved Oct 2007, mailed to me but I NEVER received it.
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
tattoo Unbeing dead isn#39;t eing alive. -e.e. cummings
wandmaker
02-25 01:34 AM
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
Thanks a lot for your time. I appreciate your help in this regard.
File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
Thanks a lot for your time. I appreciate your help in this regard.
File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.
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immiguy
07-18 02:16 PM
Sorry for being Naive. What is the skill bill?
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alisa
01-20 03:33 PM
Can you please provide links. And also provide the numbers.
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
more...
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vaishnavilakshmi
06-20 10:48 PM
- Got wife's maiden name changed when I lost her passport... couple of years back. Recollect it took ~a week.
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi jazz,
Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?
vaishu
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi jazz,
Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?
vaishu
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waitin_toolong
06-16 11:55 AM
Unless you need to travel immediately, I551 stamp is not important. I am assuming she only declined to stamp the I-551 but the GC was approved.
These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.
Congratulations and get the passport renewed, you would need the current passport for travel anyways.
These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.
Congratulations and get the passport renewed, you would need the current passport for travel anyways.
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alien2006
08-24 02:59 PM
Guys, please read the procedure in post1. You are supposed to send the question via email, not post it here.
neerajvir
07-13 09:06 AM
And fowarded to others that are affected.
realizeit
07-28 10:27 AM
For me, it would take at least 2-4 years to get GC as my PD is around OCT-06/EB2.
I sincerely would like to contribute at least $1000 to IV, when I receive my GC.
So far..
One Time Contribution - $100
Recurring Contrib Since OCT-07: $50
I sincerely would like to contribute at least $1000 to IV, when I receive my GC.
So far..
One Time Contribution - $100
Recurring Contrib Since OCT-07: $50
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