Friday, June 17, 2011

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  • 4greencard
    05-27 11:37 AM
    How will the new bill affect the I-485 processing time?

    Does anyone know the minimum and maximum times required for I-485 processing?

    What type of factors delay the I-485 processing?

    Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?

    Thank you in advance for your information.





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  • bluekayal
    10-17 08:15 AM
    thanks for clarifying.





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  • coolmanasip
    07-19 09:49 AM
    If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.





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  • milind70
    07-18 09:39 PM
    Who said that concurent filing is available for PERM only ???

    That is not true right ????

    Somebody please clarify !

    Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
    The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.



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  • Templarian
    08-27 05:58 PM
    Shaking My Head





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  • gc_dedo
    09-15 03:34 PM
    EB3 I-140 is still March 30th, 2007, a whole year behind EB2. EB2 jumped from July 2007 to March 13th, 2008 UNBELIEVABLE :confused: Seems like they just want us to blow our brains out, or whatever little is left of it anyway... This is just so sick.
    Just doesnt make sense at all.
    Even EB1 is way behind EB2.
    Maybe they are being sadist and trying to divide n rule.



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  • indyanguy
    08-03 12:05 PM
    I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:





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  • help43
    09-10 10:56 PM
    Thanks for your replies and help

    Which consulate i need to go if i want to go for stamping.......

    http://www.happyschoolsblog.com/i797a-i797b-i797c-difference/

    According to above link they are saying i need to go to india for stamping ........

    please advise me on this.........



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  • newuser
    05-31 12:55 PM
    Could you please also fax to all the senators if not faxed already.

    called senators from my state

    contributing $ 50 per month





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  • Cheran
    05-10 09:55 AM
    The only valid statement is with a guy with older priority date, everyone else there is no valid point!!!



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  • nk2006
    04-17 03:36 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
    The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.

    Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.

    If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).





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  • iam4u4ever
    06-04 06:02 PM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    what should i do if at the time of actual AOS ( The day they adjudicate my case ) I am working for another company since the actual sponsoring company is closed down ?



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  • gcformeornot
    12-31 09:39 PM
    it up....^^^^





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  • franklin
    12-12 11:49 PM
    It depends on the terms of the contract.

    I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

    At Will means that either side (employer or employee) can end a contract at any point, AFAIK

    Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

    Just my opinion, not legal advice:o

    Quick search online got this:-

    At Will

    In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

    The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

    Employee Handbooks

    While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

    * A statement regarding the at-will employment relationship
    * An equal employment opportunity statement
    * A policy regarding sexual and other types of harassment in the workplace
    * Internet access, e-mail, and voice mail policies
    * The Family Medical Leave Act

    In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

    The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.



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  • logiclife
    02-05 05:04 PM
    This article has an overall competitiveness argument saying that the American Competitiveness is not under a threat.

    The PACE act is to protect that IN ADVANCE from happening...ie. having the american competitiveness under a threat from India and China.

    I am going to discredit one argument in his article:

    He says: We do an outstanding job of education for people ages 18 to 65. I beg to differ. If that is his argument to claim that there is no shortage of talent, then he ought to read a survey report funded by Pew Charitable research. The tools used was the same used by National Assessment of Adult Literacy, the government's examination of English literacy among adults.

    More than 50% of students at four-year schools and more than 75% at two-year colleges lacked the skills to perform complex literacy tasks.

    That means they could not interpret a table about exercise and blood pressure, understand the arguments of newspaper editorials, compare credit card offers with different interest rates and annual fees or summarize results of a survey about parental involvement in school.


    The survey examined college and university students nearing the end of their degree programs. The students did the worst on matters involving math, according to the study.

    Almost 20% of students pursuing four-year degrees had only basic quantitative skills. For example, the students could not estimate if their car had enough gas to get to the service station. About 30% of two-year students had only basic math skills.

    The full article was published recently on all major media outlets including CNN, MSNBC and USA today.


    http://www.cnn.com/2006/EDUCATION/01/20/literacy.college.students.ap/


    http://www.usatoday.com/news/education/2006-01-19-college-tasks_x.htm





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  • little_willy
    08-08 06:40 PM
    I tried that info from but that info is not complete. I know there are more people on IV site than any where else so thought of doing this poll.

    Thanks
    I meant IV tracker, I hope everyone here is aware of it and entered their details. This will help a lot with analysis. I encourage everyone to check IV tracker in addition to participating in this poll.



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  • cin45220
    12-07 11:51 AM
    I do not understand why Indian news papers tout salaries offered to IIT/IIM graduates in foreign companies in overseas locations. It�s a net loss for the country�

    First of all, salaries are not exceptional when compared to overseas salaries (for a similar position in a similar company) and secondly, most of these graduates are taking their skills, earned through subsidized education provided by the generous Indian government in IITs/IIMs, to a foreign country.

    -CinBoy





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  • kbsyed61
    04-23 02:20 PM
    June 31?





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  • geevikram
    07-03 09:44 AM
    This would be another form of civil disobedience movement that Gandhiji started against Britishers. We should call it market disobedience. Nice idea., btw I have already started this. I, on a month to month basis have started investing money in Indian accounts (FDs,MF and stocks) which I would have otherwise invested here. I'm doing this for the past 1.5 years. As long as I do not have a visibility on when I will get my GC, there is no point in investing here. I'm actually sorry to say this because this country now, of all times, needs any money that they can get. I love US, so not being to be able to help kinda hurts. But hey......, you know why. :rolleyes:





    kondur_007
    09-24 12:06 PM
    All they said was that you do not have enough ties in India and you will work there.
    It sounds very lame to me.

    It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).

    I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.

    Good Luck.





    GCBy3000
    02-07 09:54 AM
    You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.

    If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.

    Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.