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  • dealsnet
    03-24 12:54 PM
    Do you filed I-485 for her ?
    If not try to get H1B for the residency.
    Most of the hospitals are non-profit, so it is cap except, no lottory is required.




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  • ss2005
    06-11 01:20 PM
    [QUOTE=alseethis;254669]How is the market? I want to share my history and see if the situation is the same in other places.
    I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
    At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
    Today we are trying to hire another programmer and so far, 1 month, no one show up.
    I don't know if this situation is happening in other places, but from our experience since 2003.
    - there are not many americans interested in IT ?!?
    - the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
    - due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

    My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.


    One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.




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  • bp333
    09-25 04:41 PM
    http://www.cnn.com/2009/POLITICS/09/25/navarrette.obama.immigration/index.html

    By Ruben Navarrette Jr.
    Special to CNN

    Editor's note: Ruben Navarrette Jr. is a nationally syndicated columnist and a regular contributor to CNN.com. Read his column here.


    Ruben Navarrette Jr. asks why the nation's chief multitasker can't take time for immigration reform.

    SAN DIEGO, California (CNN) -- President Obama has placed the immigration reform community at the back of the bus.

    This same president who insists the country can't wait to fix what he calls a broken health care system tells reformers to wait for him to get around to fixing what they consider to be an equally broken immigration system.

    The same president who tried to juggle a half dozen major policy initiatives in his first few months in office now seems unsure of his ability to -- as he told Univision's Jorge Ramos in an interview last weekend -- "solve every problem at once."

    And the same president who seems to understand that the longer he waits to accomplish health care reform, the more difficult it will be to get, doesn't seem to understand the same is true with immigration reform.

    The political math for both kinds of reform only gets more difficult if Democrats lose seats in the House and Senate in next year's midterm elections, as is expected to happen.

    During a recent speech to a black-tie gala for the Congressional Hispanic Caucus, Obama again promised action on immigration -- at some point. But he didn't give a timetable.

    Obama and his advisers decided to attack health care reform before immigration reform. That obviously was a mistake.


    'Latino in America'
    The Latino population is set to nearly triple by 2050. This October, Soledad O'Brien journeys into the homes and hearts of a group destined to change the U.S. Witness the evolution of a country as Latinos change America and America changes Latinos.
    October 21 & 22, 9 p.m. ET

    see full schedule �
    One thing that has thrown a wrench into the prospects for health care reform is the Joe Wilsonian concern that illegal immigrants might get free health care as a result of the reform process. Had that issue been addressed beforehand by giving illegal immigrants a path to earned legalization, that controversy might have been defused. Now Obama might walk away with nothing.

    Be that as it may, it's clear that immigration reform just isn't a top priority for this administration.

    The White House may view this as a niche issue, one with limited impact on any group other than Latinos. If so, that shows how little they know.

    Business groups, law enforcement, border security advocates, organized labor, high-tech firms, university educators and others are all clamoring for immigration reform. For the record, Latinos care about the same issues the president seems to care about -- the economy, education and health care. But they also care about immigration because they see it as a test of political courage.

    They're well-aware of the resistance out there to giving illegal immigrants a path to earned legalization, and so they're drawn to elected officials who are willing to brave those winds in order to do the right thing.

    Does that include Obama? At this point, who knows? Time flies when a president is stalling.

    It was just several months ago that White House officials were promising that Obama would address immigration reform before the end of the year. Now that timeline seems to have been pushed back to the beginning of 2010. And with midterm elections next November, we can expect Congress to invest -- at most -- five or six months on this issue.

    Don't Miss
    Commentary: Our culture of rudeness
    Commentary: Why the shock over Joe Wilson?
    In Depth: Latino in America
    In Depth: Commentaries
    For all intents and purposes, the curtain closes when Congress adjourns for summer recess next year, since members will spend most of the fall campaigning for re-election.

    Given all that, immigration reform could easily lapse into Obama's second term, if there is a second term. For now, the president's reluctance to approach the issue in a meaningful way that goes beyond assurances to advocacy groups and promises to Hispanic audiences seems to be prompting members of Congress to take the reins.

    Both Sen. Chuck Schumer, D-New York, and Rep. Luis Gutierrez, D-Illinois, have promised to unveil immigration reform proposals in the coming weeks.

    Schumer is already behind schedule, since he said he would come up with something by Labor Day. Still, this is all a notable departure from what happened under President Bush, where it was the White House that tried to lead Congress toward immigration reform.

    Now it's the other way around. Call that what you want. But it's not leadership on an issue that demands nothing less.

    The opinions expressed in this commentary are solely those of Ruben Navarrette Jr.




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  • desi3933
    07-09 10:30 AM
    could you be more specific..

    If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?

    You are ok, if are on EAD and in AOS pending status.

    I was referring to current job location BEFORE filing for I-485 application. A person can be out of H1 status if he/she is working on a location that is different from mentioned in the H1 LCA. This is something not many people are aware of.

    _____________________
    Not a legal advice.



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  • gonecrazyonh4
    06-14 06:33 PM
    I have been filling up I-485 all day . Online forms sent from attorney but no help with topics. I am confused by these

    Visa Number - is this a number that is stamped on your passport when u entered US? My visa in passport expired long time back. I have my WAC number- is that what is required to enter?

    Alien Number - is this the I-94 number?

    anywhere i can find a sample I-485 filled in ?

    Appreciate any help




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  • gondalguru
    09-29 11:43 AM
    09/27/2008: Senate Passed Consolidated Continuing Appropriation Bill, H.R. 2638

    * Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
    * Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.

    What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.



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  • singhv_1980
    01-31 07:38 PM
    I am planning on taking an interview date in Delhi. I read that for mumbai, you have to drop your docs 1 week prior to your appointment. Can anyone explain the procedure for Delhi, please?

    I am still waiting for it to show the availablity. But I got HDFC receipt from India.

    Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??

    Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????

    Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p




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  • franklin
    07-24 11:33 PM
    I just ask - why not?



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  • ajay
    12-24 11:38 AM
    I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.




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  • raysaikat
    07-10 08:50 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.


    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.


    I highly recommend that you read the 8 CFR from uscis.gov.

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.



    though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj



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  • pankaj_singal
    08-20 07:41 PM
    any particular reason for pd pre 1/1/2006? i know coulple of folks who have this criteria.


    Looks like we are the only three so far..




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  • GTGC
    03-16 10:36 PM
    I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.

    My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.

    I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!

    Goodluck!



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  • whoever
    12-13 12:33 PM
    Try next time asking a question with all details so you are not misunderstood. It does not seem to me anyone is trying to scare you. What would they get anyway by scaring.




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  • Saiom19
    08-09 12:07 PM
    I think "augustus" worry is related to the application acceptance ...what if USCIS sends it back post August 17, 2007? One way to check that USCIS has accepted application is cheque clearance....well we are all in the same boat......Happy sailing!!



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  • chantu
    02-29 12:24 PM
    Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.

    So you mean after appeal they can approve my I140?

    I do not know my PD. But my labor was filed sometime in Dec 2006.




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  • bijualex29
    06-22 07:53 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.



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  • suni
    08-27 01:04 PM
    I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?

    Please respond.




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  • eilsoe
    10-08 01:34 PM
    seriously! I worked for half an hour on some orange, greyish and black stuff...

    And CRAP!! man it sucked big time... didn't even wanna save it...


    I can't concentrate today... (grrr)... :(




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  • Administrator2
    03-01 11:32 PM
    Here is Part-4 of the study titled - America's Loss is the World's Gain: America's New Immigrant Entrepreneurs.

    This study is scheduled to be released tomorrow. Here is the link.

    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1348616

    Excellent work!




    gchopeful
    07-17 06:51 PM
    You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV

    After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.

    So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.




    juhis
    06-14 06:45 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)

    Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)

    Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.

    This is what I call a true productive forum. Thanks factoryman for providing this list.



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