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  • yibornindia
    12-03 07:09 PM
    Gurus,

    I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.

    1. Will this immediately cancel my EAD? if so, I may have to resign.
    2. If I continue working while filling for MTR, will it be illegal?
    3. How much it costs to go thru' MTR process? How long it takes?

    I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?

    addsf345, did you get the answers? if yes, please share. Thanks much.:)




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  • desi3933
    08-04 11:28 AM
    >> I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    Not correct. Please refer to visa bulletin. It has changed many times in last 10 years. In fact, last year it was current for EB-3. Again, please state facts only.

    >> A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on.

    Greencard processing is based on employer-driven process. Most of the cost should be borne by the employer.

    One should be responsible only for I-485 related fees. How it can be $15,000+.

    Do you have any basis to back this claim of average $15,000-$20,000.

    >> Being stuck in a green card process keeps us bonded with 1 employer, job type etc.

    Why are you bonded? You are free to join any employer of your choice.
    After 180 days of I-485 filing date, one can avail AC-21 as well.

    >> We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment.

    Are you really waiting for a decade?

    >> We understand that you work with in the limits of the law ...
    Same holds for person who has filed for I-485.

    Again, I truly understand the frustration for EB-3 India applicants, but letter should be based on facts and words like bonded should be avoided. One should be able to back every single line of the letter.

    Good Luck.




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  • gcadream
    03-01 04:09 PM
    There is a link on immigrationvoie.org website "when can I get my GreenCard" and to my utter shock when I clicked that I got the message that I will get my GC around 2026.
    There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.

    So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.

    Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.

    In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!




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  • Milind123
    09-13 04:38 PM
    GCNaseeb, Appreciate your contribution. Read your signature. It says
    "Contributing to US Economy since a Decade; still No Green Card."

    People, This is exactly why we are going to the rally on Sept 18th. Are you one of the people who carry a similar signature if not in your IV posts but in your mind? I do. And I don't like it, and I would like that changed.

    Please contribute; unless you pull the trigger, we are not going to find the third person.

    As I was writing this post, sunty took the 2 fire. 2 more to go.



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  • ganguteli
    07-06 02:57 PM
    You morons, You have spent so much time in useless discussions and anti-immigrants are laughing at your foolishness. Its high time your greencards applications get a denial or RFE. You will come crying to IV to save your status. Or else you will be deported. That is all you can do. You guys have got sub labor or faked your resumes and now you want someone to be accountable to you. First learn to be accountable to yourself and your values.
    Here is what antis are telling you aholes:
    As for you fuckers over at Immigration Voice that caused this temporary outage, keep it up. The more time you waste harassing me, the less time you have to send flowers to politicians, begging for your green cards.

    Give it up, slumdogs. The whole H-1B thing was like a little tryout to see if you scumbags could fit into American society. Since it is clear that the bigoted, misogynistic caste mentality is ingrained in your DNA, we have to send you home. Maybe we will make you wither in limbo for 10-20 years, dangling a green card in front of your eyes, but the end result will be the same. You will have to leave.

    Unfortunately some of you may not live long enough to see that open sewer of a sub-continent again. You may die here in America, in an accident, or by natural causes, or commit suicide like all the techies in India are doing.

    Either way, by death or deportation, you will be gone.

    And Americans can go back into I.T. once again and reclaim the industry that we created.

    STFU you freeloaders




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  • desi485
    11-25 07:21 PM
    Sir,
    Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?

    Thanks,

    Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!



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  • ndbhatt
    02-24 08:30 AM
    If one can handle stress, anxiety and trauma while waiting for GC, then its worth waiting. If not, people like me start looking at options. I applied for Canadian PR in 2008 and just did CDN landing last week which gave my family feel of "cold weather".
    I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.

    We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.

    Bhattji




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  • GCAmigo
    03-13 09:49 AM
    As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.


    I feel 'cabal' is too strong a word.. secrecy may be but I don't see any conspiracy here..

    ~GCA



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  • fshah
    07-06 07:22 AM
    Dugg, posted comments and e-mailed it to my friends. Thanks.




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  • gumpena
    07-20 03:11 PM
    Kennedy, Clinton voted against this... I dont know what they are thinking..



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  • validIV
    03-04 11:08 AM
    Just refinanced with Chase. I have a pending I-485 and am on EAD. They just asked for all the paper work and it was a non issue. I think you just have a crappy lender.




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  • 485Mbe4001
    04-27 02:41 PM
    Everytime i renew i have to include a copy of my dirvers license, this year i was asked to provide a color copy. i was told that it is to for background checking, i have no idea why they need it.

    Had anybody have to send Driving License for filing extention of h1b?



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  • h1techSlave
    10-01 11:11 AM
    It is so confusing that I do not know how to explain the whole thing.

    Here is a small sample.

    In 2002 all the EB visas were issued(174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).

    Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas

    Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.

    This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.

    Can the IV community do some thing to improve the whole situation?

    I am seeing two specific bottlenecks.
    1. Delay in USCIS to process applications. This is an area, that we can do something. And I am already seeing a huge improvement from USCIS in terms of fast processing.
    2. Delay in FBI namecheck. Again this is an area we can do something. I don't know what, but there should be something that we can do. Many of my friends have been writing to Laura Bush explaining their FBI namecheck bottleneck and a few of them got positive results.




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  • darslee
    07-05 11:53 PM
    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.

    Dugg and sent her an email thanking her and suggesting a follow up article on practical consequencies of their "mix-up". Used my case of Aging out son as an example.



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  • vjkypally
    09-10 03:50 PM
    Completely Agree with you. Rather have some process than none.People in the forum are talking a lot about visa recapture..

    But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....

    Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.

    Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(

    even with recapture
    - the visa numbers are not unlimited
    - the processing power of USCIS is not unlimited

    But
    - The capability of USCIS to screw up at every opportunity seems to be unlimited
    - And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)

    So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.




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  • diptam
    08-13 02:24 PM
    Thanks - I'll write a mail to the HR head to release 7001 on my request and will mention that they don't have to take responsibility. Enough is enough - i got another 2 yr H extension in July 08 so i should be good,anyway.

    I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.

    You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.



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  • mw_immi
    01-10 05:37 PM
    yes, i had an unexpired h1b/i-94. yes, i do have friends who were not on h1b/i-94 and still got approved from boa. for some reason, i believe, its pretty much the agent who handles your case decides on these issues. i remem' for one or two things which are supposed to be important, my agent asked me not to worry about and i dont think i gave him a copy of my h1b visa either.

    sy


    Thanks sy. I fully agree it's the agent we deal with. My BOA loan coordinator is extremely stubborn & doesn't have any clue regarding immigration. From day 1 she is stuck on unexpired I-94 & till today she asks me to furnish that. Is it possible that I can contact you or any of your friends through email / phone & discuss to check where I am going wrong. I can furnish my contact details if needed.




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  • I_need_GC
    03-25 02:27 PM
    I am in a bind now, appreciate any advice,

    I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.

    My question is

    **Can my son come back on H4 even though I use my EAD to change jobs ?

    **Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.

    Thanks in Advance

    If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.




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  • chanduv23
    05-15 10:16 PM
    Maybe someone that has had to go through this can respond.

    When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?

    I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?


    Depends on ur employer. Usually after AC21 - it is obvious that there is no fee involved and many companies hire you after ac21 because they do need to deal with stuff like this.

    Your employer ONLY needs to give a letter as per the AC21 rule and thats it.




    GotGC??
    01-04 02:19 PM
    One of the most balanced views on this topic I have heard!

    I think life inside home is better in India than US. And life outside home is better in US than India. What do you think?

    I am only son to my parents (aged 50s). I must go back whenever India sends a man or women to Moon. Just kidding.. Will go back by 201X.

    Currently I am in India on a vacation of 45 days. I came to India with lot of enthu after a long gap of 2 years. But as someone said, India cannot be compared with US, outside home. And yea, USA can't be compared to India, inside home :D

    I have to postpone the idea of returning for few more years for the following reasons, and yes, I want GC meanwhile.

    _ Reasons to stay and stay longer in USA _

    1) It's money, honey :D

    2) A nice Indenpendant House in Vizag or Hyd. I am long way to get there. You know what I mean.

    3) I haven't earned enough to copy & paste my lifestyle in US yet. I mean no car for my dad, no plasma tv in India, no 'retirement' fund for my parents so that they can live on their own. You know the rest.

    4) My wife has just _resumed her career on H1B after being seated at home for 3 years on H4. As you can guess, we left hopes on EAD. My PD Nov 05. I would prefer that she work in USA for couple of years, before which we can return.

    4) Last, but not least, I want to gather more "onsite" experience and go from programmer analyst to something I want to be, when I return to India.

    _ Reasons to go back to India _

    I belived in the philosiphy of helping yourself first, then family and then society.

    0) Will come back to India to live with my aging parents.
    1) Help my society (vote, pay taxes, charity, transfer of ideas from Western World, creation of employment and much more)
    2) Enjoy food, movies, language, various cultures of India.
    3) Travel world and not just USA - through my IT career.




    neverbefore
    09-13 05:57 PM
    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.

    Cannot fault your argument mate. Much as I am for unity, I see your point. There have been several mentions of 2006 and later PDs being processed before some of their predecessors. This situation is not too different from that. I also agree with what you said about the illegals jumping queue.

    I just don't see why USCIS cannot have a queue number system wherein the latest token number lets you know where they are at in processing of applications. This weird system of cut-off dates, in my humble opinion, only serves to complicate and confound.



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