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  • Googler
    02-08 02:47 PM
    bump

    It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.

    I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...

    The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.





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  • s416504
    02-24 03:05 PM
    I think best thing to apply your GC as soon as possible. You are running out of time if you need to move to Employer B. For GC, you don't have to join B. If A can apply EB1 then very good but make sure it's big company. My EB1 denied because small orgnisation & then I applied my EB3 thru diff employer.





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  • gimme_GC2006
    08-28 04:05 PM
    That is your frustration talking. :D :D :D

    Hope you are feeling *better* after venting out your frustration.

    I think he is just talking to himself out of frustration..LOL :D:D





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  • Blog Feeds
    04-26 11:30 AM
    AILA Leadership Has Just Posted the Following:



    All eyes are on Governor Jan Brewer today.

    On her desk is SB 1070, an anti-immigrant bill which would effectively make all Latinos the target of arrest or interrogation, whether or not they are U.S. citizens, lawful immigrants, or undocumented foreign nationals. Indeed, such a hate-motivated bill may well compel all Latinos to pack up and leave the state. Brewer's choice is clear to anyone who cherishes freedom and democracy�veto SB 1070, and toss it into the dust bin of history where it belongs, together with Jim Crow, the Nazi Nuremberg laws, and South African Apartheid.

    But, believe it or not, the Governor is actually considering signing this venomous bill into law. Last night, in yet another surreal Arizona moment Governor Brewer addressed the 41st annual Chicanos Por La Causa anniversary dinner amid calls in the audience for her to veto SB 1070 and surrounded by protesters that chanted and marched outside the Sheraton Phoenix Downtown Hotel where the dinner was held. At the dinner, organization board chairwoman Erica Gonzalez-Melendez urged Brewer to veto "the most hateful piece of legislation directed at Latinos" aptly pointing out that SB 1070 will do nothing to fix our broken immigration system and only "panders to the racist fear mongers of our state." But, Governor Brewer refused to say what she would do, invoking political-speak instead, "I am not prepared to announce a decision on Senate Bill 1070," she said. "What I decide will be based on what's right for Arizona." http://bit.ly/96KJlT. (Note to reader: there have been several surreal moments in Arizona this week. On Monday Senator John McCain, who once described himself as a "maverick" and champion of comprehensive immigration reform, told Fox News host Bill O'Reilly that "the drivers of cars with illegals in it ... are intentionally causing accidents on the freeway." Then on Tuesday an Arizona state House committee approved a measure which would force President Obama to show his birth certificate if he runs for re-election. http://huff.to/9bfpzg)

    What is right for Arizona is for Governor Brewer to jealously protect the rights of all its citizens and follow the U.S. Constitution, not turn Arizona into the Fourth Reich. Let's be frank, by passing SB 1070 lawmakers have sold out Arizona taxpayers in a cynical effort to garner votes and look tough. The bill does nothing to build a functional immigration system, secure the border nor rid the state of dangerous criminals. Nor does it protect the wages and working conditions of US workers. Instead, it targets day laborers and ordinary citizens whose appearance might raise "reasonable suspicion" of unlawful immigration status in the mind of a police officer. If Governor Brewer signs SB 1070, people in Arizona with foreign sounding accents or who don't "look American" had better not run into the wrong cop (or even the right cop) because the law mandates they prove they are here legally.

    SB 1070 is not the product thoughtful policy making; it is hate speech masquerading as legislation. This sounds extreme until you read SB 1070 which is a hodgepodge of mean spirited provisions that will effectively transform Arizona into a police state for anyone whose skin is a shade other than white. The bill's effect may very well be to make Arizona "Latino Free" and force those who stay behind�U.S. citizens included�to feel like hunted criminals. Frankly, there is no other way to describe SB 1070 which would make not having immigration documents a state crime, allow law enforcement officers to arrest anyone who could not immediately prove they were in the U.S. legally, and subject a brown-skinned person who leaves home without a wallet to arrest. Cardinal Roger Mahony of Los Angeles was hardly exaggerating when he compared SB 1070 to "German Nazi and Russian Communist techniques whereby people are required to turn one another in to the authorities on any suspicion of documentation." http://bit.ly/9ZIQ9K.

    SB 1070's outright decimation of civil liberties and American values aside, Governor Brewer's signature on the bill will likely reek economic devastation on Arizona, costing its taxpayers billions in lost revenue. The Immigration Policy Center (IPC) reported this week that "if significant numbers of immigrants and Latinos are actually persuaded to leave the state because of this new law, they will take their tax dollars, businesses, and purchasing power with them. The University of Arizona's Udall Center for Studies in Public Policy estimates that the total economic output attributable to Arizona's immigrant workers was $44 billion in 2004, which sustained roughly 400,000 full-time jobs. Furthermore, over 35,000 businesses in Arizona are Latino-owned and had sales and receipts of $4.3 billion and employed 39,363 people in 2002, the last year for which data is available. The Perryman Group estimates that if all unauthorized immigrants were removed from Arizona, the state would lose $26.4 billion in economic activity, $11.7 billion in gross state product, and approximately 140,324 jobs, even accounting for adequate market adjustment time. Putting economic contributions of this magnitude at risk during a time of recession would not serve Arizona well." And this loss of revenue to the hard working taxpayers of Arizona does not take into account the cost of defending the inevitable lawsuits that will be brought against the state for civil rights and other violations. According to the IPC, "Arizona would probably face a costly slew of lawsuits on behalf of legal immigrants and native-born Latinos who feel they have been unjustly targeted" leading to millions of dollars in expenditures. http://bit.ly/dbguDK.

    As I wrote previously on this blog, SB 1070 is not the problem. It is an awful symptom of the failure of the Administration and Congress to enact immigration reform. In the void, local and state authorities have run roughshod over the civil liberties we cherish as a nation. What we see today is a perfect storm of crises�ICE's neglect and abuse of immigrant detainees which has culminated in 107 deaths in immigration detention since 2003, the serious civil rights abuses in the notorious 287(g) program which is administered by ICE and "deputizes" state and local law enforcement agencies to enforce immigration law, and an immigration bureaucracy that thumbs its nose at the needs of American business and families. As a nation we must demand that Congress and the Administration put politics aside and get to the hard work of building a safe, orderly, fair, and functional immigration policy designed to protect civil liberties and serve the needs of all Americans.

    As for today, Governor Brewer has a choice. She can succumb to hatred and fear by signing SB 1070 or allowing it to become law without her signature (it is hard to say which would be more cowardly). Or she can show uncommon political courage and veto the bill, thereby drawing a line in the Arizona desert over which racism, intolerance, and injustice dare not cross.
    https://blogger.googleusercontent.com/tracker/186823568153827945-3162775922361590244?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/04/arizona-governor-jan-brewers-choice.html)



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  • grupak
    12-06 11:15 PM
    From personal experience, both I-485 can be filed and H1-B extended. Have an approved I-140. If I-140 not approved then need labor to be pending for 1 yr I believe.





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  • vamsi_poondla
    02-06 05:03 PM
    Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...

    Bottomline, dont leave development even if you become manager.



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  • dvb123
    02-28 07:02 PM
    US grants home schooling German family political asylum | World news | The Guardian (http://www.guardian.co.uk/world/2010/jan/27/german-home-schooling-family-asylum)

    USCIS goes by the book not by the how dumb the rule is.





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  • wandmaker
    12-17 01:49 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced

    a. You wait for MTR results and make a decision based on that
    b. If you MTR is denied, you will have to start your GC process from scratch (labor -> 140 -> 485) because your 485 is automatically denied - so do not think of using EAD or avail AC21.
    c. since you have an approved H1B till 2010, you can transfer it to new employer - ask the new employer to GC, and you will become eligible for further H1 extensions.

    consult a lawyer immediately as yours is a tricky situation.



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  • rameshvaid
    03-25 04:45 PM
    I went to US Consulate Montreal Canada on 3/18/08 and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.
    They told me to call me back within 10 days. No Comunication yet.

    My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.

    Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.

    Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.

    RV





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  • webm
    04-22 03:13 PM
    its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.

    yeh true...



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  • sapota
    12-12 04:36 PM
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and file gathering dust waiting for visa number.

    On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.

    P.S : If you are an advanced degree holder born in India. Hahahaha.





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  • prem_goel
    08-29 11:06 AM
    please post if anyone has been in the same situation?



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  • arc
    03-05 05:57 PM
    Which are the Sensitive Banks!???





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  • gc28262
    03-09 11:41 AM
    incorrect thought.
    I-9 is a Employment Eligibility Verification form that stays with the Employer.
    She is considered to be on an AOS status. nothing to be done.

    This is my understanding.

    when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.

    How will USCIS know that the beneficiary has switched out of H1 status ?



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  • vinaypuri
    03-01 05:28 PM
    You should be able too. I am in a same spot as you. I am loosing hope on American GC.





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  • imh1b
    02-25 10:47 AM
    Guys,


    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.



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  • beibei2929
    05-15 03:18 PM
    Thank you! Priderock!





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  • Jerrome
    10-19 09:57 AM
    I don't have an A#? Where can i find that.





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  • milind70
    10-09 02:22 PM
    Hi,

    My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.

    Actually she got her FP and EAD notice receipt number to the same address, but card returned back.

    But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.

    Request:

    Can you please let me know , how to reach customer service representative with options type?.


    This happens from time to time dont know why but it happens.It happened for my wife too , we had efiled for EAD and her application status showed that notice(FP) returned as undeliverable. My wife wrote back to USCIS
    saying that she had received all her prior communication from USCIS here
    (for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
    The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.





    GCHope2011
    08-10 08:20 AM
    alright..I came back without any problem.

    Immigration at POE (Dulles airport) was breeze, first officer said, "oh..you have parole letter".
    he checked something in the system and asked me to go inside..

    Took baggage..went into customs...where they sent me into another room.

    CBP officer took the AP..felt bad that I have been waiting since 2007 for GC..in < 5 mins, stamped and said, good luck..you are done.

    Thats it.
    Welcome back and thanks for posting the conclusion of the thread.

    Hope all is well on home front.





    widad2020
    08-11 09:55 AM
    Carry the new Approval notice(s), copy of entire application, your h1 approval and a couple of your recent paystubs. Should suffice. at the POE the officer will issue a new paper stub I94 that has the 2009 date.

    graj012 is correct.But apply for I-539 extn of Non-immigration status ASAP once she is back from vacation so that her status is also extended and on to your new emplyer



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