
n2b
07-17 01:03 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
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leo2606
09-24 03:42 PM
My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?

BMS1
08-21 06:37 PM
are you in EB2?
Yes I am.
Yes I am.
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raju123
05-16 12:53 PM
^^^^^ Bumping up
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dealsboy
07-19 10:27 PM
Trance,
Either you or your wife have to curb the career growth.
As of today EB2 is progressing well. There is a gossip out there that EB2 will be current in a year. If you stay with your current company you will get your Green Card.
If you stay in EB2 you may have to cut the career progression for 2 more years (Assumption - EB2 will be current in a year). If you move to Eb3 then it will be 10 yrs or more.
How sure are you that they will process her Green Card in EB2 or atleast they will file for a GC? If your wife only wants to join a company that processes GC in EB2 then there may be a chance that they will pay your wife less.
Decide on your own.
My personal suggestion.
Do not get into EB3 hell.
Answers
1. Do not take the offer. IMO.
2. Yes
3. No
Note : I am in EB3 and my wife is in health care. She will get her job next year.
Either you or your wife have to curb the career growth.
As of today EB2 is progressing well. There is a gossip out there that EB2 will be current in a year. If you stay with your current company you will get your Green Card.
If you stay in EB2 you may have to cut the career progression for 2 more years (Assumption - EB2 will be current in a year). If you move to Eb3 then it will be 10 yrs or more.
How sure are you that they will process her Green Card in EB2 or atleast they will file for a GC? If your wife only wants to join a company that processes GC in EB2 then there may be a chance that they will pay your wife less.
Decide on your own.
My personal suggestion.
Do not get into EB3 hell.
Answers
1. Do not take the offer. IMO.
2. Yes
3. No
Note : I am in EB3 and my wife is in health care. She will get her job next year.

GCBy3000
08-23 04:28 PM
I dunno from where they come upwith number. From the same site look at this link
http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
EB - 2001 2002 2003 2004 2005
43129 39289 29712 28624 21290
and compare with
http://travel.state.gov/pdf/FY05tableII.pdf
and compare with below data.
YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)
2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)
These figures are from this link
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
EB - 2001 2002 2003 2004 2005
43129 39289 29712 28624 21290
and compare with
http://travel.state.gov/pdf/FY05tableII.pdf
and compare with below data.
YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)
2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)
These figures are from this link
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
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Quest99
09-14 03:30 PM
Here is my story:
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
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nogcyet
07-17 12:05 AM
my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com
wonder why different attorneys have different requirements
Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)
wonder why different attorneys have different requirements
Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)
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hibhagya
05-15 12:03 PM
Great job and hope the current immigrations bill will pass this year.
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ash27
04-02 10:20 PM
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
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ganguteli
02-07 04:30 PM
It all depends on the company you work for. A friend of mine told me recently that small /mid size companies in Delhi can pay 3 lakh -4 lakh per annum to a developer with 3-4 year experience from an average college.
I guess a lot depends on where you graduate from, presentation skills and work experience. An NIIT or some small institute graduate cannot get as much as an IITian. However in USA even an NIITian can do well.
So it is all not that rosy that a lot think. Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment.
I guess a lot depends on where you graduate from, presentation skills and work experience. An NIIT or some small institute graduate cannot get as much as an IITian. However in USA even an NIITian can do well.
So it is all not that rosy that a lot think. Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment.
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SandeR2
03-23 03:15 AM
Hey i dont see my entrie in the list :( or do I need to submit it as a new piece.
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nik.patelc
01-11 02:30 PM
I was laid off this week. I have been trying to find job and i feel its not going to be easy to find a job. If thing wont work by April, I m thinking to move back India.
PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.
PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.
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ganguteli
06-12 06:40 PM
Hi, Now what are my options going forward and how does this affect my chances of a successful SPERM filing ??
Stop drinking too much beer and lazing around. Go and upgrade your skills and sperm count. Only then you can do a a successful SPERM filing :D
Stop drinking too much beer and lazing around. Go and upgrade your skills and sperm count. Only then you can do a a successful SPERM filing :D
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acecupid
07-16 06:24 PM
They have been talking about this lawsuit for a long time now. I wonder when they will actually file it. Though they claim that they will file it this week, I would trust them only when they actually do file the lawsuit.:D
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radhay
05-15 11:57 AM
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
more...
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f1vlad
07-17 02:18 PM
can you provide the link to that blog? I cannot find it.
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InTheMoment
06-22 10:01 AM
Reposting this I-485 Standard Operating Procedure (SOP) link again. This gives us a clue of what is checked when the packet is opened in the mail room and then further down with the AO.
http://www.imminfo.com/resources/cissop.html
http://www.imminfo.com/resources/cissop.html
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smuggymba
09-22 07:43 PM
This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?
Don't worry my friend...H1s, L1s, EAD.....they will go after everyone one by one.
Don't worry my friend...H1s, L1s, EAD.....they will go after everyone one by one.
jsb
10-26 11:10 AM
You guys are great. Guys like you are making this world better place to live. I wish you both good luck.
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.
BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.
BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
kumar1
09-26 09:18 AM
You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
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