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desi3933

06-25 03:44 PM

You guys are great. Guys like you are making this world better place to live. I wish you both good luck.

I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. So now I have to pay only application fees but not any attorney charges. Do you guys know info about following?

I485 applicatio fee:
I-131 applicatio fee:
I765 applicatio fee:


Once again thanks for your advice.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D

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LONGGCQUE

11-06 05:01 PM

Thanks for sharing. This appears to be a good measure for us, if it happens.

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rc10580

06-13 02:20 PM

Hi camberiu,

my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!

Renata

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django.stone

02-01 03:22 PM

and congratulations!

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Munna Bhai

04-27 12:11 PM

Hi,


I am in a unique situation as far as capture of earlier PD is concerned.

My company had filed an LC for me in EB3 with PD of Oct '03.

I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

I have got my I140 approved for the same and also 3yr ext. based on that as well.

My EB3 LC is approved as well now.

My question to somehow capture the PD of my EB3 LC.

Is it possible ? Is anyone in the same boat ?

Regards.


09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:

http://www.uscis.gov/files/pressrele...22_091206R.pdf


(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

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aristotle

01-31 01:48 PM

Where?

Let me explain in a bit more detail..

Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.

You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
A) your labor has been pending for more than a year OR
B) your I140 is approved

One your I140 is approved with Company B, you are in a good position again.

Crystal?

aren't u contradicting urself?

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newuser

05-12 10:12 PM

I am in for it. I am ready to put 2K if members are going to come forward

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pappu

08-22 04:57 PM

Pappu - Thanks for your reply. I completed my profile. I thot it was already complete. But filled out reamining fields.

I will call these people in Buffalo to find out if I can motivate them for rally..

Thank you

Thanks. Im glad I was able to help one more person come to the rally. If anyone has any issues they should contact the chapter leads or core team. We needed everyone in DC. Only exceptions are for who are unwell, pregnant or anti-immigrants on this forum. If you are neither of these three then see you in DC.

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ashkam

04-04 02:05 PM

I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.

Is there any risk involved here and if so, please let me know

Thanks in Advance

Why do you have to wait for your wife to be on F1 before changing to EAD? Even if you use your EAD now, she will still be in valid AOS status.

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gaz

08-13 07:41 AM

his predictions were so accurate ... black 'copters landed and took him away... :p

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eb3_2004

11-09 12:57 PM

I finished this survey!!!

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waitnwatch

04-21 02:37 PM

It is generally a good idea to go to any CBP and get the date put in. It is a pretty easy process. When the CBP folks say that an exit in 6 months in fine I guess they are correct in the sense that you have to stay illegally for over 180 days to be barred from reentry.

Anyway this should be pretty easy except that you have to find the time to go to your nearest international airport. For some it could be a 4 hour + drive!

Good luck

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avi101

05-19 04:30 PM

A few more questions:

1. While the I-140 is pending, can I get a different lawyer to file the I-485?

2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?

3. Can my employer withdraw the I-140 AFTER it's been approved?

Please advise me.


1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.

2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.

3. Yes.

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ilikekilo

07-17 04:24 PM

opening new threads like this is annoying, I see lots of useless thread around here which discourages me to come to IV that often. He is asking update from CORE like they owe him, he must have paid his attorney and should attorney in such way not here. Whenever core has something to share they do share, no doubts.

i agree with you......dont demand..where have u been all these days coming today and asking IV for updated as they owe you...ofcourse bearing the fruits is not the only thing one can do they can contribute as well...will those new poeple who jpined in july will be willing to contribute to IV for fighting for our cuase GIBVE ME A BREAK

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GCAmigo

12-08 08:18 AM

everything is behind closed doors.. just wait for the updates form the core team..

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newuser

10-06 04:06 PM

I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.

I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.

Does any one else had same experience?

Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda

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reddy_h

08-14 04:04 PM

Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

I am really sorry for you, buddy. This is a stupid mistake by USCIS. Atleast they rejected your wife's application before Aug 17th so now you can refile. But I would advise you to send separate checks now. Even if EAD or AP applications are not properly filed, they will atleast accept I-485 if you send separate checks.

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vicks_don

04-18 03:23 PM

i understand it now.

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pcs

01-20 10:09 AM

Since fresh grads are the ones getting most benefit from SKIL bill etc, we should spread the message in Universities. Is there a way to contact individual Universities ?????

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vivid_bharti

06-10 04:53 PM

USCIS tops any other US public office in these 3 qualities
1. Most greedy
2. Most arrogant
3. Most inefficient
Reason is simple, their customers are mostly non-US citizens. Their prime objective is to earn as much money as they can for the US treasury, if that means 'Screw Immigrants' than let it be, who cares ?
So any positive things like 10 years EAD/AP are dreams which will never come true...We should certainly put our case for 3 years EAD/AP combined document.

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Jaime

09-04 10:40 AM

With 100,000 already gone, and with frustrations growing at a boiling point, the pressure being applied upon us will force us onto the path of least resistance. How long before we are all gone? If you are an American reading this, did you know that every other industralized country faces declining population? Do you really want the future population growth of the U.S>to come solely from illegal Salvadorean maids? Do you wnat the high-skilled people to move away to China and India and then see your quality of life deteriorate?

http://www.sptimes.com/2007/08/23/Business/US_faces_decline_in_s.shtml

U.S. faces decline in skilled workers
New study says the wait for a green card frustrates immigrants.
By Madhusmita Bora, Times Staff Writer
Published August 23, 2007

The only barrier stalling Arun Shanmugam's ascent in the corporate world is a small card that would proclaim him a permanent resident of the United States.

The green card, which isn't green in color, would help him snag the next best opportunity, launch his own company, and enjoy homestead tax rebates.

So, this year the Tampa software engineer joined a queue of more than 300,000 immigrants vying for the coveted card. But a severe backlog is forcing high-skilled workers to question their American dream.

On Wednesday, a Kansas-based private, nonpartisan foundation released a study warning that America could face a sizable reverse brain drain unless the government eases visa restrictions, increases the quota and speeds up the process. The Kauffman Foundation said that there are more than 1-million skilled immigrants including doctors, engineers, and scientists competing for the approximately 120,120 green cards issued each year.

The uncertainty of the process and the imbalance in the demand and supply could trigger a trend of highly trained immigrants returning to their country and moving elsewhere.

"It's the first time in American history that we are faced with the prospect of a reverse brain drain," said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and a co-author of the study.

"There are so many business opportunities in Shanghai and Bangalore, why put up with all the immigration crap?"

Many of the green card applicants are on a six-year H-1 B visa. The non-immigrant work permit keeps them wedded to a single employer. Immigrants who have applied for a green card can continue working on an extended H-1 B visa until the card arrives. But they can't change employers, or start their own companies. Their wait time is open-ended, made longer by a Congress-mandated quota for the visas and severe backlogs in the system.

Frustrated with the system, in the last three to five years, 100,000 highly skilled Chinese and Indian immigrants have returned to their home country, Wadhwa said.
In a fiercely competitive global economy, this is the worst time for such an exodus, experts say.

"Our previous studies document that highly skilled workers accounted for one quarter of all successful high-tech start-ups in the last decade," said Robert Litan, vice president of research and policy at the Kauffman Foundation. "If we send a lot of these people back home, we will lose a disproportionate number of entrepreneurs."

And the ripple affects are already emerging in the Tampa Bay area.

"It's a huge problem," said Ray Weadock, CEO and president of Persystent Technologies. "The guys in Washington don't think much and their initial reaction is this will impact Cisco and Microsoft."

But smaller companies take a bigger hit, because they don't often have the capital to send jobs to where the labor is, Weadock said. Weadock's company, which employs Shanmugam, is toying with the idea of setting up a subsidiary in India.

Companies aren't the only ones chasing the labor market. Schools and universities are also jumping into the wagon. The population of international students in MBA programs across the country continues to dwindle, said Bob Forsythe, dean of the College of Business at University of South Florida.

"And the demand for American business schools to go deliver programs in other countries have increased," he said.

Harvard University and Northwestern's Kellogg School of Management are among a growing number of schools that have a presence in India. At USF, Forsythe's team is negotiating a venture in Romania.

The visa problems here have encouraged governments worldwide to ease visa restrictions in their countries and nab the high skilled workforce.

"There's a lot of mention of Canada," said Chandra Mitchell, an immigration attorney with Tampa-based Neil F. Lewis.

Amar Nayegandhi, a USF graduate and a contract employee with the U.S. Geological Survey, has been waiting for his green card since 2002.

He may soon give up, he said. The long wait has cost him job opportunities, forced upon him a commuter marriage and restricted his economic mobility. His H1-B visa runs out in February, and even though he can extend it and continue awaiting the green card, he's contemplating leaving the country.

"I have friends who have gone back simply frustrated with the setup," he said. "I am asking myself if this is really worth it."

Shanmugam of Persystent Technologies says he, too, will only wait for about a year before considering giving up his spot in the line and heading back to his native India.

"This is not the only place to be anymore," he said. "You can find better opportunities everywhere."

By the numbers
200,000: Employment-based applicants waiting for labor certification in 2006 - the first step in the U.S. immigration process.
50,132: Pending I-140 applications - the second step of the immigration process. That's seven times the total in 1996 of 6,743.
125,421: Estimated applicants residing abroad who were waiting for permanent residency status.
100,000: Estimated number of highly skilled Chinese and Indian immigrants who have returned to their home country in recent years.

Highlights of Kauffman Foundation reports
- Foreign nationals are contributing to one out of four of all the global patents filed in the United States.
- One quarter of all tech companies nationwide and 52 percent of tech companies in the Silicon Valley were founded by immigrants.
- More than 1-million skilled workers and their families (scientists, doctors, engineers, Ph.D. researchers) are waiting for green cards. About 120,0000 green cards are issued each year with a 7 percent limit per country.
-Hundreds of thousands of skilled immigrant workers may get frustrated with the waiting process that could be 6 to 10 years and leave the United States. The reverse brain drain could be critical to Americans corporations and hurt the country's competitiveness in a global economy.
- Immigrant-founded companies produced $52-billion in revenues and employed 450,000 workers in 2006.

Madhusmita Bora can be reached at mbora@sptimes.com or (813) 225-3112.

[Last modified August 22, 2007, 23:19:43]

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