gc_check
08-01 10:25 AM
Folks,
Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.
The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )
One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)
Good luck guys - chat with you after another 29 days !!
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.
The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )
One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)
Good luck guys - chat with you after another 29 days !!
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
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gccube
09-09 02:27 PM
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
RandyK
02-20 04:43 PM
Can anybody estimate out of the 47000 identified cases that is affected by Name Check...
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
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nixstor
01-11 12:40 AM
I am not sure what your health insurance situation with your employer is. Here is some thing I know. Please research and see whether this helps.
Under HIPPA regulations, insurance companies cannot decline pregnancy as pre existing condition if you and your spouse are covered by group coverage. Generally, group coverage is the coverage you get from your employer. If you currently do not have health insurance through your employer, try to sneak into the plan now as most employers will have open enrollment period during Jan/Feb of each year. If you try to buy individual coverage from a HMO/PPO, those insurance companies can mercilessly decline maternity coverage.
If you get into group coverage, no matter what trimester your wife is in, insurance companies WILL have to cover the maternity as per the plan choose.
Please investigate and let us know what you find.
Under HIPPA regulations, insurance companies cannot decline pregnancy as pre existing condition if you and your spouse are covered by group coverage. Generally, group coverage is the coverage you get from your employer. If you currently do not have health insurance through your employer, try to sneak into the plan now as most employers will have open enrollment period during Jan/Feb of each year. If you try to buy individual coverage from a HMO/PPO, those insurance companies can mercilessly decline maternity coverage.
If you get into group coverage, no matter what trimester your wife is in, insurance companies WILL have to cover the maternity as per the plan choose.
Please investigate and let us know what you find.
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chanduv23
11-16 02:47 PM
Good stuff, We will all do this. As such, most of the reqruiters, when they contact you on phone they say "My client is not interested in hiring h1b candidates, you must have at least a Green Card or a EAD or must be a US citizen", I was under the impression that a company has the right to proceed with considering you for a job based on whether you are a EAD or a GC or a citizen
Can IVs lawyers give more information about this?
Can IVs lawyers give more information about this?
sanju
07-19 10:58 PM
Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(
If your current employer is not ready to file H-1, you can find another "potential" employer and file a new H-1 from the another "potential" employer. Tell the new employer that 'premium filing' is a pre-condition for you to join them.
Everybody on this thread has advised you not to go B1 route because it WON'T work and it WILL complicate the situation.
Hope this helps.
If your current employer is not ready to file H-1, you can find another "potential" employer and file a new H-1 from the another "potential" employer. Tell the new employer that 'premium filing' is a pre-condition for you to join them.
Everybody on this thread has advised you not to go B1 route because it WON'T work and it WILL complicate the situation.
Hope this helps.
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gc_maine2
06-27 10:15 AM
Dude If you can't direct people sit tight atleast don't misguide..... the Contribution you can give to IV is atleast close this thread:D :D :D
Thanks.
july 30 th everyone for the benefit of all atleast those who can file before july 3oth
Thanks.
july 30 th everyone for the benefit of all atleast those who can file before july 3oth
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tonyHK12
10-28 12:40 PM
You are one of the Proof. YOu need that... finally. See How you blabber for yourself.
Well I can't keep arguing with some m*r*n who keeps making false statements with no facts or statistics to back it up. I assume anything you say is likely false.
Well I can't keep arguing with some m*r*n who keeps making false statements with no facts or statistics to back it up. I assume anything you say is likely false.
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JunRN
08-22 11:22 PM
Eb3 will definitely retrogress by about 2 years. Maybe back to June 2002 or 2003.
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appas123
09-06 08:47 AM
Good luck to all, with wishes for a Happy Diwali and a prosperous New Year.
ramee,
Here is what we did for the birth certificate RFE couple of years ago
1 - copy of 10th standard mark sheet with birth date on it
2 - copy of 12th standard mark sheet with birth date on it
3 - affidavit from two relatives on notarized paper stressing the date of birth, the relationship with the person in question, whether they witnessed the birth or in the hospital etc.
The four things (two marksheets and two affidavits) worked well for us. Good luck.
ramee,
Here is what we did for the birth certificate RFE couple of years ago
1 - copy of 10th standard mark sheet with birth date on it
2 - copy of 12th standard mark sheet with birth date on it
3 - affidavit from two relatives on notarized paper stressing the date of birth, the relationship with the person in question, whether they witnessed the birth or in the hospital etc.
The four things (two marksheets and two affidavits) worked well for us. Good luck.
more...
zachs
02-11 11:18 AM
Send letter to WH & IV. I have forwarded the IV message to many of my friends.
I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.
Dear friends,
Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.
I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.
Dear friends,
Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.
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shamu
01-15 12:31 PM
We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.
As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.
The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance
Thank you Nixtor and all other IV friends who have helped me.
And all those who came to this thread to help me and gave me lot of moral support.
I am really thankful to all.
I wish all of get the GC very soon.
Good luck to all.
As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.
The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance
Thank you Nixtor and all other IV friends who have helped me.
And all those who came to this thread to help me and gave me lot of moral support.
I am really thankful to all.
I wish all of get the GC very soon.
Good luck to all.
more...
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Legal
06-10 04:59 PM
I 100% agree with you about visa capture...
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
I agree with your comments about "things not adding up".
Not sure about any language specifying spillover can occur only at the end of the year.
Doubt if there is anything in the law that prevents spillover to be used every quarter.
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
I agree with your comments about "things not adding up".
Not sure about any language specifying spillover can occur only at the end of the year.
Doubt if there is anything in the law that prevents spillover to be used every quarter.
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mammoy2k
09-10 12:49 PM
When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
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BharatPremi
08-30 07:08 PM
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
FIrst of all congratulations to get through this gutter. Though I have a question: Why did not you think of applying under F3 since your mother is already a US Citizen?
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
FIrst of all congratulations to get through this gutter. Though I have a question: Why did not you think of applying under F3 since your mother is already a US Citizen?
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anai
07-19 02:20 PM
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
more...
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globaldesi
04-21 07:26 PM
I want to bring out the plight of legal immigrant community that has been silently suffering the consequences of a broken immigration system. It really baffles me that all the focus in immigration debate is on ILLEGALS when highly educated LEGAL immigrants who play by the rules, pay taxes and follow the law are left in the lurch. Attending to legal immigrants plight will also send a positive signal to the ILLEGAL community to see the perks of being LEGAL. Right now, it seems more rewarding to be ILLEGAL than pursue the LEGAL route towards immigration. What an irony!
The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
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GCard_Dream
04-13 01:09 PM
so you don't see a difference in how a private organization and a non-profit organization operates. Well here are some:
1. In your office, you are actually working for your boss and you are getting paid to do what they want you to do. I don't remember getting any pay check from IV. In fact, I have written several checks to IV. This doesn't mean I can post whatever I want but as long as I am following IV guidelines, I shouldn't get harassed by folks like you who think that their post is the only important post.
2. If you don't do what you are told at work, they'll fire your a&& and you wouldn’t know how to pay your bills next month. That's why the CEO or your boss don't have to send you a one liner before they take any decision.
As far as I know, IV is just a group of people coming together to address a problem which is shared by all members. I know that some people have worked harder than others and some people have contributed more than others but everyone has contributed one way or the other. So for you to come out and say that you are the only one doing all the work and others are just doing nothing and some how you are the CEO of this organization is just beyond my imagination. May be it's time you wake up and smell the coffee.
In your office do you ask your CEO/VPs to first send you a one liner before he takes a decision on your project? Think about it
1. In your office, you are actually working for your boss and you are getting paid to do what they want you to do. I don't remember getting any pay check from IV. In fact, I have written several checks to IV. This doesn't mean I can post whatever I want but as long as I am following IV guidelines, I shouldn't get harassed by folks like you who think that their post is the only important post.
2. If you don't do what you are told at work, they'll fire your a&& and you wouldn’t know how to pay your bills next month. That's why the CEO or your boss don't have to send you a one liner before they take any decision.
As far as I know, IV is just a group of people coming together to address a problem which is shared by all members. I know that some people have worked harder than others and some people have contributed more than others but everyone has contributed one way or the other. So for you to come out and say that you are the only one doing all the work and others are just doing nothing and some how you are the CEO of this organization is just beyond my imagination. May be it's time you wake up and smell the coffee.
In your office do you ask your CEO/VPs to first send you a one liner before he takes a decision on your project? Think about it
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ken
10-03 02:18 AM
Just a quick update on AP Case- Today the e filed application got approved The total time it took is about 10 days from filing to approval.
e filed on Sept 23 and approved on Oct 2
e filed on Sept 23 and approved on Oct 2
smuggymba
04-23 02:29 PM
yesetrday on CNN, AC 360, there were two latino ladies (US Citizens) and they kept saying that this bill is illegal and should be vetoed.
All latinos want other latinos to come to USA and have the numbers/political influence to get them GC's via amnesty before legal immigrants.
None of those ladies said they did not support illegal immigration, they just kept ranting about racial profiling.
All latinos want other latinos to come to USA and have the numbers/political influence to get them GC's via amnesty before legal immigrants.
None of those ladies said they did not support illegal immigration, they just kept ranting about racial profiling.
immi2006
06-26 09:02 PM
Airlines are facing cancellation flights for July,,,, !
To India from US
To India from US
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