makemygc
08-27 12:26 PM
A growing number of states now refuse to issue driver's license beyond the validity of I-94. that means that until your H1 extension is approved, you wont get it, because the new I-94 with new dates will come only after your extension is approved.
Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.
You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.
You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.
Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.
You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.
You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.
Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
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jonty_11
10-11 01:54 PM
Sent above to - letters@economist.com and
also to submit_help@aaas.org
also to submit_help@aaas.org
rangeela
02-07 11:19 AM
This is not new, I was advised the same by my attorneys. I have heard "internet rumors" of people successfully filing EB-2 for job descriptions such as senior software engineer and senior systems analyst, which are normally classified as job zone 4. However, I was advised by two different law firms that this is not possible. According to both attorneys I consulted, you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5, so if you're in a senior position and supervising people (e.g., a manager or even a team lead), you may be able to obtain this classification.
- gs
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
- gs
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
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h1techSlave
09-22 10:17 PM
No, we are not going to abuse this and we won't be sending stuff over and over. But stoppers have a very Specific significance: to educate and differentiate between legal and illegal. A stopper says "Stop the reverse brain drain"...A stopper would pique people's interest becase we are typically lumped in with illegals, and a stopper does not exemplify what illegals are. Illegal immigration's message is: "legalize us and help new guest workers come", our stopper says "We are already legal and are already leaving, fix this before we all leave"
Actually, many Indians with US Citizenship are leaving too. What I have seen with my friends and coworkers is that, the moment they receive the US passport they book a flight to India and come back when ever they please. If media picks up that fact, then what is our strategy?
Actually, many Indians with US Citizenship are leaving too. What I have seen with my friends and coworkers is that, the moment they receive the US passport they book a flight to India and come back when ever they please. If media picks up that fact, then what is our strategy?
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ksrk
08-27 07:15 PM
Just sent emails and mailed hand-written and signed letters to Senators Boxer and Feinstien in Calif. both to their DC and SF offices.
Will send a few more to local representatives. Hope we can enable Congress to make this change in legislation before Election '08. If we can, it will be quite an achievement!
Will send a few more to local representatives. Hope we can enable Congress to make this change in legislation before Election '08. If we can, it will be quite an achievement!
frostrated
08-03 03:22 PM
USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.
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Macaca
08-14 11:42 AM
Please post reliable #s for the following template.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
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willigetgc?
05-06 11:11 AM
+1
Count me in for volunteer work too. I will help out in any and every way I can.
Thanks IV!
Count me in for volunteer work too. I will help out in any and every way I can.
Thanks IV!
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kks_sundar
05-07 12:13 PM
I have citizenship already. I am just waiting for GC:)
My parents are getting old. I am going back in 3 years. Heard from friends, earn enough and go. There will never be enough.
Almost, all of us started here from Nothing. Now we have atleast something to start with. Yes there is always things for Pros and Cons.
I am not worried about GC. Waiting for a good opportunity to jump back to India.
It will be really nice if I can get work from home job from US and settle down in a hill side with nice estate in India. :cool:
My parents are getting old. I am going back in 3 years. Heard from friends, earn enough and go. There will never be enough.
Almost, all of us started here from Nothing. Now we have atleast something to start with. Yes there is always things for Pros and Cons.
I am not worried about GC. Waiting for a good opportunity to jump back to India.
It will be really nice if I can get work from home job from US and settle down in a hill side with nice estate in India. :cool:
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saketkapur
09-22 03:17 PM
Unlimited calling on the Now network is my way to go......... :D
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snram4
02-12 09:44 PM
You just had diploma and filed in EB2 to get GC fast. I think you took unnecessary risk of filing in EB2. It was sad that no one advised you at that time. If you would have filed in EB3 then CIS would not have asked much questions and approve I140 and I485. Anyhow you still have chance to fight and win but by the time you get GC you may lose lot of sleep. Probably it is worth to wait more EB3 than getting so much stress in EB2.
I140 was approved by NSC
I140 was approved by NSC
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ars01
07-09 01:36 PM
From the same memorandum:
"Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."
One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
"Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."
One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
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h1b_forever
04-15 11:19 AM
I think we should start a Employer Hall of shame and nominate employers who are either cheating the employees or the Immigration system.
This will help future employees and the immigration community as whole.
I am not sure if there are any legal implication to starting something on IV on this
What a jerk your desi employer is. It makes me so angry that these scumbags are getting away doing these things.
First things first - deliver the baby. Take some of the suggestions given here by other members regarding insurance.
Once all this is done sue the hell out of your desi employer. There really isn't anything (I guess) you can do about your client. But you can definitely take your desi employer to court for terminating your employment. These guys deserve to pay a hefty fine and lose their business license!
This will help future employees and the immigration community as whole.
I am not sure if there are any legal implication to starting something on IV on this
What a jerk your desi employer is. It makes me so angry that these scumbags are getting away doing these things.
First things first - deliver the baby. Take some of the suggestions given here by other members regarding insurance.
Once all this is done sue the hell out of your desi employer. There really isn't anything (I guess) you can do about your client. But you can definitely take your desi employer to court for terminating your employment. These guys deserve to pay a hefty fine and lose their business license!
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pappu
02-28 03:04 PM
anyone else?
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msp1976
10-16 10:50 AM
I thought i wouldn't marry till i get ma GC coz i didn't wanna gal to come n rot here without a job being on H4.
but now i've gotten so freakin old waitin for the GC n still waitin that i might not get a gal to marry.:eek: :eek:
well there are always other things to do for a H4 ..
At present My wife on her H4 is pursuing her Master's degree ... I donot need to tell you that I got a deep hole in my pocket..
Also I have heard some H4 spouses doing volunteering work..
Also you can have kids and get another piece of 'work' out of the way...If anyone has more ways of making the better of the situation let me know...
:p :D :cool: :cool: ;) :D
but now i've gotten so freakin old waitin for the GC n still waitin that i might not get a gal to marry.:eek: :eek:
well there are always other things to do for a H4 ..
At present My wife on her H4 is pursuing her Master's degree ... I donot need to tell you that I got a deep hole in my pocket..
Also I have heard some H4 spouses doing volunteering work..
Also you can have kids and get another piece of 'work' out of the way...If anyone has more ways of making the better of the situation let me know...
:p :D :cool: :cool: ;) :D
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Project_A
02-10 03:26 PM
This is an amazing forum, and I would like to thank you all for the useful information.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
I did online MS degree and it took 3 years, although I could have completed it in 2.5 years. First year I completed only 1 course per sem, then I started doing 2 per sem. I took non-thesis option and the total cost was aprx 15K from ISU. Thye charge flat rate fee per subject ( aprx 3 credits) irrespective of residency requirements (you can actually do this course from anywhere in the world and it would cost the same) . This degree requires 30 total credits (one of them must be a project, so technically only 9 subjects/courses to take).
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
I did online MS degree and it took 3 years, although I could have completed it in 2.5 years. First year I completed only 1 course per sem, then I started doing 2 per sem. I took non-thesis option and the total cost was aprx 15K from ISU. Thye charge flat rate fee per subject ( aprx 3 credits) irrespective of residency requirements (you can actually do this course from anywhere in the world and it would cost the same) . This degree requires 30 total credits (one of them must be a project, so technically only 9 subjects/courses to take).
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chanduv23
07-09 01:06 PM
Would you please elaborate if the flower campaign has hit any mainstream media like CNN, Fox etc?? Or just the TOI and other small covers? I just want to know how famous this has become.. Thanks.
Mainstream media seem to be cautious about these issues as it may work against their self interests.
I am still surprised that CNN did not pick this though MSNBC (did a positive) and FOX (Did a negative) on this
Mainstream media seem to be cautious about these issues as it may work against their self interests.
I am still surprised that CNN did not pick this though MSNBC (did a positive) and FOX (Did a negative) on this
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sk.aggarwal
02-01 08:45 AM
It seems online status for my FOIA request has not been updated since Jan 15th. Is anyone also facing the same issue? BTW, how long does it take to get it once online status changes to processed.
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bigboy007
07-29 08:32 PM
First they should give detailed plan out. even then point system is a pain , no benefits till final stage. its good for all right if one has to sit in 25 years waiting for his turn on visa instead of green card... good luck for all who support this. Other countries who use point system compare the numbers... US has far more immigrants than any other country... if point system is open everyone can apply. But thats good ... but in negative side how can you control huge workload w/o increasing numbers and infact other countries doesnt have numerical limits they control by points. if US has numbers and then point system nothing but taking away all of our benefits go back and wait for 20 years one way of saying go back. realize it.
It will bring down the workload? Can you explain how? If anyone in the world is eligible to apply for the GC without sponsorship, the system will be flooded with applications, irrespective of whether they carry any merit or not. What makes you think that an organization that cannot process 140K applications per year can handle millions?
The point based system sounds great in theory, but cannot be implemented efficiently by the U.S. as long as it remains the most desired country for immigrants. It works for Canada, Australia and the U.K. because fewer people want to move there.
It will bring down the workload? Can you explain how? If anyone in the world is eligible to apply for the GC without sponsorship, the system will be flooded with applications, irrespective of whether they carry any merit or not. What makes you think that an organization that cannot process 140K applications per year can handle millions?
The point based system sounds great in theory, but cannot be implemented efficiently by the U.S. as long as it remains the most desired country for immigrants. It works for Canada, Australia and the U.K. because fewer people want to move there.
gcnotfiledyet
02-25 12:28 PM
Ya, expect others to show maturity while you continue to be a child.
.
Is criticising me instead of my ideas going to help? I wonder who the child is.
.
Is criticising me instead of my ideas going to help? I wonder who the child is.
akgind
11-01 08:22 PM
You should fill out a form with the Ombudsman. Just google for it. They should help you with your case.
Is your NC cleared? Have you taken an infopass to confirm your biometrics and NC is all clear? There have been cases where fingerprinting was done but it wasn't reflected in the case status.
I was very disappointed at infopass five months ago for 140. The person did not even know the difference between EB2 and EB3. So, I am reluctant to waste any further time. My job keeps me traveling out of town 3 days a week.
Fingerprinting for my EAD was in June08, spouse and daughter in Sep07. Is there a separate Biometrics required for 485? How do I find out about NC clearance? Thanks for your help.
Is your NC cleared? Have you taken an infopass to confirm your biometrics and NC is all clear? There have been cases where fingerprinting was done but it wasn't reflected in the case status.
I was very disappointed at infopass five months ago for 140. The person did not even know the difference between EB2 and EB3. So, I am reluctant to waste any further time. My job keeps me traveling out of town 3 days a week.
Fingerprinting for my EAD was in June08, spouse and daughter in Sep07. Is there a separate Biometrics required for 485? How do I find out about NC clearance? Thanks for your help.
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