Kama Of Kingstone

1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.

And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.


Thank you my_gc_wait.

Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.

guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
Unless we fight for it..and support IV in the cause....
Participate in any way u can in teh DC RAlly.....and contribute plzzzzzzzzzzzzz
Cannot emphasize enough

This was a post I did 16 months ago, when Immigration Voice was 3 weeks old and no one knew anything about CIR of 2006.

As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.

There is some good news today from bloomberg:

http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home

I paid my lawyer with a single check that had the USCIS fee + Attorney Fee...so I never got back the deposited check.....If I had know about this trick, I would have sent my lawyer two separate checks. Is there any way I can call USCIS and ask them the LIN# ?

All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
Then you can go online and ensure that it's valid and the dates match.
Good Luck,

So, they were decided on July 13th itself...

Department of State Publication 9514
CA/VO:July 13, 2007

..when making the decision to settle down in US along-with the endless wait. Somethings you lose (or gain) by immigrating are intangible and unquantifiable.
BTW, Mr Singh and Mr Purewals kids are harami no. 1..

Outstanding! Nice capture.
Gary

As of 10:25 PM PST wednesday, here is where the Senate stands:

1. Bill Frist has proposed a 3-tier solution for 11 million undocumented immigrants.

Tier 1:
Illegals who have been here 5+ years can apply for guestworker program and GC(later) without returning home. Plus the usual - fines, back-taxes, english learning, apologizing to Uncle Sam (ok, I made the last one up ;))

Tier 2:
Illegals who have been here between 2-5 years have to go to port-of-entry to get guest-worker visa and then re-enter and eventually apply for GC.

Tier 3:
Illegals who have been here for less than 2 years have to go back to home country and apply for guest-worker visa (Back to the end of the line). In other words, deportation.

Bill Frist worked this compromise arrangement for the undocumented. Main players behind the scenes are supposed to be Chuck Hagel, Mel Martinez, John McCain and Lindsey Graham on this 3-tier approach of compromise bill.

2. Parliamentary Procedures:

Frist:

Bill Frist went to the Senate floor Wednesday night (around 9:30 PM EST) with a parliamentary motion to send the compromise to the Judiciary Committee for ratification, then scheduled a vote for Friday to cut off debate on that motion.

Reid

Harry Reid has filed a motion to invoke cloture, scheduled for 10:30 AM EST on Thursday. If the cloture succeeds then the debate on SJC version of the bill will be over and a final vote will follow. The SJC bill goes pretty much as-is to a final vote where a simple majority(51 votes) will be enough for it to pass the Senate.

3. The analysis:

The whole thing started when Kyl proposed an amendment to exclude illegals who had felonies to gaining permenant residency or citizenship. That would exclude hundred of thousands who had deportation orders pending or who had been deported by again re-entered.

Democrats, afraid that the original intent of SJC version - mainly to bring people out of shadows will fail if republicans keep chipping away at the provisions with amendments like Kyl's amendment.

So Reid, in a high-risk game, filed a motion for cloture. He probably has 38-40 Democrats on his side plus around 18 republicans. However, nothing is guaranteed. Most of media articles say that his motion will fail. In a rare chance that he succeeds, he will have the "Bargaining power" because of 60 senators' support for him and the SJC version and he will have a lot of fun at the expense of Kyl/Cronyn/Sessions etc. This is highly unusual. Cloture is usually filed by the majority party that wants the minority to shut up and force an up-or-down vote. In this case, THE MINORITY leader has filed a motion for cloture. A total reversal of roles.

4. Our Interest

First of all, from view-point of immigration voice, we would ideally want Reid's cloture to fail, Bill Frists' latest compromise to get ratified in SJC, come back to floor for debates and amendments and succeed on Friday. Dems and Republicans "Kiss and make-up" and everyone gets something. Here's why: If the motion of Reid succeeds, the scope of getting it changed for 485 filing and removing hard-cap gets smaller as SJC version will be popular with 60-plus senators and Reid would be unwilling to play with delicate balance. On the other side, if Dems fail, then Frist's bill would be open for debates and amendments, making it possible to get provisions to make OUR lives better.

However, on the flip side, if Reid fails then whatever Frist brings to table will have almost no support of Dems. Then he too risks getting filibustered when HE files for cloture on his 3-tier version. He wont have 60 votes of his own to beat fillibuster because Dems would oppose him for being tough on illegals and Republicans like Cornyn-Kyl-Sessions etc would also oppose him because the 3-tier version would still have traces of Amnesty and its "Loose" on illegals.

5. What's Happening Wednesday night:

Harry Reid has promised he will be up all night in his PJs and review Frist's 3-tier solution. Cookes and milk are on the way from IV to him for some midnight reading. But he makes no promises. Cornyn and Kyl are still unhappy as 3-tier bill still smells of amnesty. McCain is angry at Reid and will support his party's stand and oppose Reid's motion for cloture. (edited)
Harry Reid
http://www.grassrootspa.com/uploaded_images/HarryRedi44333-734905.jpg

Bill Frist
http://skaroff.com/blog/wp-content/photos/images389071_Frist.jpg

My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......


Yes, she will lose her H4 status if she uses EAD. Her new status will be 485-pending.
At this point, if she quits/loses job, that's fine, as her status is not bound to the EAD/job, but to her 485 pending status. She will be able to travel on AP, or apply for new H4 outside (I'm not sure about the later part, so, I'd suggest using AP).

The only risk is, if her 485 application gets denied, she will be out of status, and will have to leave immediately. However, if you still have your H1 valid, she can apply for an H4 again outside the country.

Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..

Hi,
I am planning to renew my AP while in India. What is the procedure to do this?

My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.

I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.

In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.

In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?

Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?

You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.

Yes. I applied for EB2 again in Jan 2009 and ported from EB3 to EB2.

So that is why it took me so long

I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

Any suggestions from the community out there?


""""2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.""" --> FYI delhi still has August 3 onwards visa dates

The interview with Jay about the rally just started.

Oh I did not know that one person can send webfax for each state.

When I click that link it said "You have already sent it"

I'll check again now

please do

thank you

Are you sure? it is going to be too much pain....

It is no longer available.

ask him to fax you the copy of the letter he got from BEC, something is not right here. Show it to another lawyer. Looks like he made a mistake when he filed for your labor.

My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue

If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain

The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.

You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.

Mine was approved on Nov 15th 2010 but still have not received it. I called customer service 4 times but no user.
Last week I had info pass appointment and the lady told me they will track my package as they have already sent it on Nov 15th. Still nothing

All the best in you case.

Thanks for your comments! I'll see what I can do to lighten the second one up a little bit more. Please feel free to experiment if you like.

EDIT: OK, I've lightened the mid tones a bit, hopefully there's some detail visible in the feathers now. I don't want to make it too light though. Black feathers are difficult...

Folks,

employer's attorney claims that there is no such thing as H4 premium processing.

Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

I searched all Mathew-Oh updates dated one year ago and can't locate it.

I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

Can anyone please help?
There is nothing like premium processing for H4, if your H1 is applied in premium processing, H4 is also processed in 15 calendar days.