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sri1309
01-10 10:51 AM
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
wallpaper Thirties get heart attack
goosetavo
11-13 05:43 PM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Ann Ruben
01-08 11:26 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
2011 had a mild heart attack.
pappu
08-22 08:56 AM
/\/\
more...
sparky_jones
08-12 10:58 PM
I also got LUD of 8/12/07 today for my I-140 which was approved in June 2007. My 485 package was sent to NSC on July 20, 2007. No receipts or checks cashed. It could be a general data refresh on some cases that caused the system to record a new LUD. I doubt if it means anything.
Asian
08-22 01:02 PM
I think it still helps. Skil bill is the best bet and method we got so far. However, it seems to me we are underestimating it. We need to put more concentrated and focused effort on it.
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
more...
lahiribaba
02-11 02:45 AM
actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one
and then there was the big earthquake that swallowed the village and the beggars sitting under the one lone mango tree...
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one
and then there was the big earthquake that swallowed the village and the beggars sitting under the one lone mango tree...
2010 A heart attack behind the
alterego
09-15 01:32 PM
Clearly they felt putting EB2 india PD at Jan 2003 created too much of a flow. So they made it unavailable for a while then backed up 6 months with this new quota.
My view is with the coming deluge of Labours from the BECs and the promised pick up in the pace of 140 adjudications, those of us in EB2 will be very lucky if we see a month for month movement in priority dates. I suspect you could count yourself lucky if you get to file for 485 in this fiscal year.
EB india's situation is truly that bad. The bulge in applications in 2002-2005 is so huge that I feel that absent legislation the dates may move at best 4 months per year for the next few years.
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
My view is with the coming deluge of Labours from the BECs and the promised pick up in the pace of 140 adjudications, those of us in EB2 will be very lucky if we see a month for month movement in priority dates. I suspect you could count yourself lucky if you get to file for 485 in this fiscal year.
EB india's situation is truly that bad. The bulge in applications in 2002-2005 is so huge that I feel that absent legislation the dates may move at best 4 months per year for the next few years.
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
more...
gcwait2007
06-28 04:39 PM
You need last 2 paystubs and one of them is issued within last 30 days.
hair suffered a heart attack
abingc
08-19 12:46 PM
- Received 2 Yr EAD expiring July 2010
- Current EAD expires in Oct 2008
- 140 Still Pending
- EB2 I, Feb 07 PD
- Current EAD expires in Oct 2008
- 140 Still Pending
- EB2 I, Feb 07 PD
more...
cakewalkr7
08-20 01:01 PM
Kirupa, thanks but when I started a new empty xaml file to test your code I got quite a few errors. I'm using the June 2.5 Preview so I don't know if that's the cause of the errors but I've attached a screenshot with the code and errors.
hot the ECG may exceed 250-300
anilsal
10-10 02:00 PM
You got your GC.
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maddipati1
07-30 02:02 PM
USCIS updated today (07/30/07), the form 765 and instructions corresponding to 765
go to http://www.uscis.gov, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links.
http://www.uscis.gov/files/form/I-765instr.pdf ( for instructions )
http://www.uscis.gov/files/form/I-765.pdf ( the actual form )
I think they added details about 'where to file'.
The information AditiK was refering on 9th page is now on 12th page.
gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.
Its 30 days for asylum applicants and 90 for all other eligible applicats.
It looks very clear that 485 filers CAN get interimEAD after 90days.
Interim EAD.
If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication
or
within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,
you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.
go to http://www.uscis.gov, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links.
http://www.uscis.gov/files/form/I-765instr.pdf ( for instructions )
http://www.uscis.gov/files/form/I-765.pdf ( the actual form )
I think they added details about 'where to file'.
The information AditiK was refering on 9th page is now on 12th page.
gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.
Its 30 days for asylum applicants and 90 for all other eligible applicats.
It looks very clear that 485 filers CAN get interimEAD after 90days.
Interim EAD.
If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication
or
within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,
you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.
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njdude26
04-08 08:05 AM
im sure you can come back if you drive into Canada because your I94 will still be with you.
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prabhu07
05-21 11:44 AM
@gcformeornot - Thanks for the reply. Its my current employer who has applied for H1 as my L1 is maxing out, so, I am not in a total rush to change employers.
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
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05-25 05:54 AM
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HV000
03-09 01:49 PM
Can somebody suggest/recommend a good immigration attorney in Chicago for filing G-28 and filing AC21? Thanks!!
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jyothu
07-18 04:19 AM
The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
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ss777
03-05 07:38 PM
Group insurance through an employer will not treat pregnancy as pre-existing. If group insurance is not available for this person, lookout for discount plans. Try in other states as well not just Oregon.
setpit_gc
08-14 09:19 AM
ok. Any other suggestions?.
morpheus
07-12 12:35 PM
The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
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