vbkris77
04-13 11:06 PM
Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
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logiclife
12-20 07:00 PM
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
Nonsense.
Their 485 got approved by mistake by USCIS, even though their dates were not current. It has happened in few cases since July, when non-current 485s have been approved.
Sending an expedite request for 485 would not work if the date was not current. If it worked, everyone and their brother would find the neccesary emergency that is needed to get 485. Financial loss for individual or company as an "extreme emergent" situation is not uncommon and not hard to prove.
She is pulling wool over everyone's eyes because she thinks that her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was".
That's really cute. But the reality is, that 485, if it got approved, got approved by mistake and she should stop worrying and dissembling information as no one is on a crusade after her or her husband and people have their own problems.
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
Nonsense.
Their 485 got approved by mistake by USCIS, even though their dates were not current. It has happened in few cases since July, when non-current 485s have been approved.
Sending an expedite request for 485 would not work if the date was not current. If it worked, everyone and their brother would find the neccesary emergency that is needed to get 485. Financial loss for individual or company as an "extreme emergent" situation is not uncommon and not hard to prove.
She is pulling wool over everyone's eyes because she thinks that her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was".
That's really cute. But the reality is, that 485, if it got approved, got approved by mistake and she should stop worrying and dissembling information as no one is on a crusade after her or her husband and people have their own problems.
akred
02-25 02:25 AM
with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.
You cannot count any experience gained with employer B unless it was gained while working in a different (substantially dissimilar) job.
You cannot count any experience gained with employer B unless it was gained while working in a different (substantially dissimilar) job.
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pmb76
05-08 03:22 PM
Ofcourse they deserve an H1-B visa. That what makes this country a great place to live ! Diversity of people and the freedom to choose what you do best in your career. That's why we are all here.
Software is easy. By the way I write device driver kernel code and I still think it is much easier compared to fashion modeling. Your kernel crashes - you look at the stack trace and create a patch - simple. As a fashion model you mess up on the ramp - you mess up millions of $s in advertisements and your entire career.
Most Engineers have this way of self-glorifying themselves which I kind of find rather lame. Your job is the easiest and you are overpaid. Wake up and smell the coffee ... or er Chai :)
Software is easy. By the way I write device driver kernel code and I still think it is much easier compared to fashion modeling. Your kernel crashes - you look at the stack trace and create a patch - simple. As a fashion model you mess up on the ramp - you mess up millions of $s in advertisements and your entire career.
Most Engineers have this way of self-glorifying themselves which I kind of find rather lame. Your job is the easiest and you are overpaid. Wake up and smell the coffee ... or er Chai :)
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h1techSlave
04-08 02:37 PM
What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
morchu
04-23 12:32 PM
Do not assume things. I had waited for my LC approval more than probably the time you spend in college. So dont even go there. Anyway I chose to remain anonymous, and I will remove all details from my profile.
Dude,
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Dude,
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
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Appu
04-08 04:23 PM
Zogby, Time, CNN, ABC news, CBS news to do a poll this way:
Who do you think is right on immigration - the house or the senate?
I bet a majority will say "the senate". That should give the House anti-immigration group some pause.
Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.
If you do find a poll like this, popularize it by sending it to local news outlets.
Who do you think is right on immigration - the house or the senate?
I bet a majority will say "the senate". That should give the House anti-immigration group some pause.
Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.
If you do find a poll like this, popularize it by sending it to local news outlets.
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485Mbe4001
09-25 11:55 AM
good find. I added this link in the personal message section of my IM. within minutes 2 sent IMs indicating that they had no idea it was so complicated for legals. :)
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lostinbeta
10-15 10:18 PM
I watch it =)
Haha, just kidding, my niece watches it :) :P
Haha, just kidding, my niece watches it :) :P
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java4yogi
06-09 02:05 AM
just checking if any lucky ones have received a approval for their h1b petitions this year !!!
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Sakthisagar
04-15 08:35 AM
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
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xela
04-23 05:59 PM
June 31?
lol Thanks,....yeah the impossible day....no it was the 30th, my bad
lol Thanks,....yeah the impossible day....no it was the 30th, my bad
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mnq1979
05-21 03:10 PM
You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
If you've made decision to work for your current employer on Permanant basis then that would be it..
It's not good or bad.. just keep it simple
hmmm well then lets say if i send the letter from my employer who sponsored me for my green card? how long do i have to work for him liek when can i change my employer after gettign GC?
If you've made decision to work for your current employer on Permanant basis then that would be it..
It's not good or bad.. just keep it simple
hmmm well then lets say if i send the letter from my employer who sponsored me for my green card? how long do i have to work for him liek when can i change my employer after gettign GC?
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mrane1
06-07 08:58 PM
Hi Dhundhun,
Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.
Thanks
A friend of mine was laid off few months back and he applied for unemployement benefits. USCIS called his company to check his employement situation before making a decision on his case (he was current at the time). The company said he was laid off and so his 485 was rejected. he has filed a MTR. I dont think the unemployement had anything to do with it. But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.
Thanks
A friend of mine was laid off few months back and he applied for unemployement benefits. USCIS called his company to check his employement situation before making a decision on his case (he was current at the time). The company said he was laid off and so his 485 was rejected. he has filed a MTR. I dont think the unemployement had anything to do with it. But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
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leo2606
08-04 08:47 PM
If I were you, I will pay additional $1,000 to USCIS for getting me out of GC mess.
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
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GC_ASP
07-20 07:39 AM
If u r not married, its better to change the job using H1b transfer and use Ac21portability to continue the GC process ( new job should be similar). You don't have to use EAD. Once you start using ur EAD, you loose ur H1B status automatically and it would be hard to bring your wife on H4.
Here are the answers for ur three questions.
1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.
2. I think you can get H1B extension using 140 approval.
3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.
I hope I answered the all your questions.
one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.
Never use AP if you are unmarried.
This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!
Here are the answers for ur three questions.
1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.
2. I think you can get H1B extension using 140 approval.
3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.
I hope I answered the all your questions.
one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.
Never use AP if you are unmarried.
This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!
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surabhi
06-02 11:25 AM
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
Nothing would change. If any, it'd be for better I guess.
So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.
If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
Nothing would change. If any, it'd be for better I guess.
So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.
If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.
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gc_chahiye
11-04 11:33 PM
i did through google but i cant found actually. please respond who knows.thank you in advance.
Another good bet for trying to get a break like what you are looking for is Sulekha:
http://classifieds.sulekha.com/new-jersey/alllocalities/it-jobs-training/allsubcategories/adlistings.aspx
Most of the jobs there are from consulting companies. Being on H1 with them can get hard (with things like salary/bench etc) depending on how well run that place is, but on EAD your life should be much simpler. I could not find anything on transcription, but lots of entry-level jobs in QA or in SAP that provide training etc. All the best.
When you get some responses from these people, ask around (friends etc) to see if anyone has had a good/bad experience with that firm.
Again, unlike H1, being on EAD your life is much simpler and options are much more open. You can walk away if they dont treat you well. All you need is a break and these guys might be able to provide one.
Another good bet for trying to get a break like what you are looking for is Sulekha:
http://classifieds.sulekha.com/new-jersey/alllocalities/it-jobs-training/allsubcategories/adlistings.aspx
Most of the jobs there are from consulting companies. Being on H1 with them can get hard (with things like salary/bench etc) depending on how well run that place is, but on EAD your life should be much simpler. I could not find anything on transcription, but lots of entry-level jobs in QA or in SAP that provide training etc. All the best.
When you get some responses from these people, ask around (friends etc) to see if anyone has had a good/bad experience with that firm.
Again, unlike H1, being on EAD your life is much simpler and options are much more open. You can walk away if they dont treat you well. All you need is a break and these guys might be able to provide one.
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patfanboston
03-04 11:19 AM
What the f*** is she trying to say????
vandanaverdia
09-12 11:49 PM
seahawks:
Keep up the good work in inviting members & initiating to re-activate the WA/OR chapter!
Keep up the good work in inviting members & initiating to re-activate the WA/OR chapter!
CrazyWorld
08-04 05:58 PM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;