himu73
09-05 04:38 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
I have used AP at least 4 times this year while coming back from Europe,India.I came through New York(JFK),Newark(EWR). Only once I was asked a question about whether I have EAD. The officer didn't even see it,otherwise the only exchage with any other officer was 'Here are your documents.Have a nice day'.
I think you might have been a one off case where the officer didnt know what he was doing.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
I have used AP at least 4 times this year while coming back from Europe,India.I came through New York(JFK),Newark(EWR). Only once I was asked a question about whether I have EAD. The officer didn't even see it,otherwise the only exchage with any other officer was 'Here are your documents.Have a nice day'.
I think you might have been a one off case where the officer didnt know what he was doing.
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chanduv23
09-22 09:31 PM
Chanduv23,
Thanks again for being ever so helpful. That being said, can you please share your thoughts on the following situation?
140 approved, 485 pending for more than 180 days, EAD/AP approved, and in hand.
Candidate leaves sponsoring employer and joins another employer (similar position/salary, etc.) New employer's attorneys send the AC21 letter and G-28 forms to the USCIS. The attorneys are very familiar with this, have handled lots of AC21 cases (Fragomen).
Is there any way the candidate can call USCIS customer service and ask for the attorney/representative's name on file, just to make sure that the G28 did get processed and the attorney name on file got changed from the old law firm to the new one? Would customer service share that information with the candidate?
Thanks,
Yes and no. It depends on the customer service representative or if you take infopass, it depends on the VO. You generally know when your Attorney files for G 28 because you actually sign the G 28. G 28 is like any other form like 485 or EAD or AP etc... so if your 485 and 140 and h1b everything gets filed properly why do you think g 28 does not get filed properly?
Try to be very pleasing and polite to a CS rep or a VO and try to get the info, they may let you know your Attorney on file.
Good luck
Thanks again for being ever so helpful. That being said, can you please share your thoughts on the following situation?
140 approved, 485 pending for more than 180 days, EAD/AP approved, and in hand.
Candidate leaves sponsoring employer and joins another employer (similar position/salary, etc.) New employer's attorneys send the AC21 letter and G-28 forms to the USCIS. The attorneys are very familiar with this, have handled lots of AC21 cases (Fragomen).
Is there any way the candidate can call USCIS customer service and ask for the attorney/representative's name on file, just to make sure that the G28 did get processed and the attorney name on file got changed from the old law firm to the new one? Would customer service share that information with the candidate?
Thanks,
Yes and no. It depends on the customer service representative or if you take infopass, it depends on the VO. You generally know when your Attorney files for G 28 because you actually sign the G 28. G 28 is like any other form like 485 or EAD or AP etc... so if your 485 and 140 and h1b everything gets filed properly why do you think g 28 does not get filed properly?
Try to be very pleasing and polite to a CS rep or a VO and try to get the info, they may let you know your Attorney on file.
Good luck
somegchuh
08-01 01:57 PM
Guys,
I think we are getting sidetracked here. I think the question for most people who have spend over 6 years in US is that:
1. Education is very different in US/canada compared to India/Asia. Its geared towards creativity as opposed to rote learning. It will take a lot of time to adpat to that system.
2. The competition is definitely way tougher in India/Asia.
3. An average kid has better chances at a financially successful life in canada than in India/Asia.
Coming to the question of ourselves as adults finding jobs in canada ...
I think its definitely going to be easier to find jobs in Bangalore than in Toronto. Offcourse, comparing canadian market to US is pointless. We know US market is way better. Then again we are just talking software jobs. If you keep your mind open to any type of management position or business opportunity I think you will have better opportunity in Canada than elsewhere in India.
Does anyone know of any discussion forums of software guys who have moved from US to canada?
DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM
I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.
I think we are getting sidetracked here. I think the question for most people who have spend over 6 years in US is that:
1. Education is very different in US/canada compared to India/Asia. Its geared towards creativity as opposed to rote learning. It will take a lot of time to adpat to that system.
2. The competition is definitely way tougher in India/Asia.
3. An average kid has better chances at a financially successful life in canada than in India/Asia.
Coming to the question of ourselves as adults finding jobs in canada ...
I think its definitely going to be easier to find jobs in Bangalore than in Toronto. Offcourse, comparing canadian market to US is pointless. We know US market is way better. Then again we are just talking software jobs. If you keep your mind open to any type of management position or business opportunity I think you will have better opportunity in Canada than elsewhere in India.
Does anyone know of any discussion forums of software guys who have moved from US to canada?
DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM
I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.
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priderock
07-06 02:34 PM
Are they even filing a lawsuit ?? If they are SO READY, where is the big press release saying USCIS SUED !!!!!!! :cool:
Looks like they are preparing. The class action suite requires a lot of preparation.
Looks like they are preparing. The class action suite requires a lot of preparation.
more...
pappu
01-22 11:07 AM
This Tracker facility we have in IV is good. Kudos to the Admin team who implemented this thing.
These are my observations. I could be grossly mistaken. Pardon me if I am wrong.
There are approximately 26,000 people who have put in their priority dates and other such data in the tracker. When I compared similar cases, I got some 265 who were EB3 India with a priority date in 2002. That is approximately 1 %, give or take.
Here I have ignored EB3 India 2001 guys. But that number would be very less I believe.
1% of 400k is 4000 which is what USCIS issues GC for EB3 India in a year.
Does that mean I could get my GC this year.
Hope these numbers are right.
We are going to clean up data further in the coming weeks. People who have missing fields may not be part of the tracker etc. The analysis will also be expanded to give more representation of the data from all angles. We are also working on some more features in the tracker that will make it really informative. At this time we are waiting for everyone to input their data or update their data and also get others who do not have a profile on IV to come here and input their data. Please help us in this task and bring everyone to IV tracker. Once we have more data that can help us represent a better % of the overall actual applications in USCIS data, the analysis will be much better. At a later stage we are thinking of bringing some statistics experts on board to create monthly analysis of the data and publish report for our members.
These are my observations. I could be grossly mistaken. Pardon me if I am wrong.
There are approximately 26,000 people who have put in their priority dates and other such data in the tracker. When I compared similar cases, I got some 265 who were EB3 India with a priority date in 2002. That is approximately 1 %, give or take.
Here I have ignored EB3 India 2001 guys. But that number would be very less I believe.
1% of 400k is 4000 which is what USCIS issues GC for EB3 India in a year.
Does that mean I could get my GC this year.
Hope these numbers are right.
We are going to clean up data further in the coming weeks. People who have missing fields may not be part of the tracker etc. The analysis will also be expanded to give more representation of the data from all angles. We are also working on some more features in the tracker that will make it really informative. At this time we are waiting for everyone to input their data or update their data and also get others who do not have a profile on IV to come here and input their data. Please help us in this task and bring everyone to IV tracker. Once we have more data that can help us represent a better % of the overall actual applications in USCIS data, the analysis will be much better. At a later stage we are thinking of bringing some statistics experts on board to create monthly analysis of the data and publish report for our members.
vdlrao
01-13 03:24 PM
vdlrao, I know you are looking at this thread. Any comments?
By the way, Where is logiclife these days?
Yes I am looking at the thread. I am expecting a very good forward movement(At least to 2007 Dec) in EB2 India category in the coming months.
If you see the Visa bulletin Archive for the last three years during April - Jul range theres a sharp jump in Priority dates(more than a year and more) for EB2 category. This happened during vertical fall out (This doesnt include last year because last year its horizontal fall out). So this year I am expecting the cut off dates will move at least two years ahead for EB2 India because of the horizontal fall out. For Eb3 I am not expecting any big change unless theres some immigration reform in the new OBAMA government.
By the way, Where is logiclife these days?
Yes I am looking at the thread. I am expecting a very good forward movement(At least to 2007 Dec) in EB2 India category in the coming months.
If you see the Visa bulletin Archive for the last three years during April - Jul range theres a sharp jump in Priority dates(more than a year and more) for EB2 category. This happened during vertical fall out (This doesnt include last year because last year its horizontal fall out). So this year I am expecting the cut off dates will move at least two years ahead for EB2 India because of the horizontal fall out. For Eb3 I am not expecting any big change unless theres some immigration reform in the new OBAMA government.
more...
rick_rajvanshi
08-13 06:41 PM
According to June 12 2008 memo from USCIS FAQ :
If you filed Form I-765 more than 90 days ago and have not received a decision, who should you contact?
If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.
PM if you want a pdf copy
If you filed Form I-765 more than 90 days ago and have not received a decision, who should you contact?
If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.
PM if you want a pdf copy
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chi_shark
01-13 03:22 PM
this bulletin is great for eb2!
more...
H1b Guy
11-14 08:13 PM
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
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maximus777
06-29 04:04 PM
Publicity stunt before the elections ?
Absolutely!!
Absolutely!!
more...
gc28262
05-27 06:23 PM
IV admins,
For those who are attending the event, it would be beneficial if someone could provide some tips about moving around DC area/Capitol Hill area for these lobby days. Will there be an IV arranged transportation ?
Appreciate if we could get more details about the planning for these three days.
For those who are attending the event, it would be beneficial if someone could provide some tips about moving around DC area/Capitol Hill area for these lobby days. Will there be an IV arranged transportation ?
Appreciate if we could get more details about the planning for these three days.
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villamonte6100
04-11 11:31 AM
But then why do you care to monitor this thread so often? I guess there are hundred other threads that talk about immigration.
Why don't you setup "Just an Indian" forum so other nationals don't need to participate anymore.
Why don't you setup "Just an Indian" forum so other nationals don't need to participate anymore.
more...
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Prabhat
03-10 01:18 PM
I agree with PAPPU
That's what i see, there are around 50,000 members in our LOBBY and it has become hard to gather 5000 members....
HOW SAD it is that WE ARE not worried about
OUR OWN FAMILY
OUR OWN CARRIER
OUR OWN FUTURE
Let's WAKE UP EACH AND EVERY person
***********
Will be there in the DC Rally ( 100 % )
That's what i see, there are around 50,000 members in our LOBBY and it has become hard to gather 5000 members....
HOW SAD it is that WE ARE not worried about
OUR OWN FAMILY
OUR OWN CARRIER
OUR OWN FUTURE
Let's WAKE UP EACH AND EVERY person
***********
Will be there in the DC Rally ( 100 % )
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BPforGC
05-26 02:47 PM
This is the latest on the Visa capture bill.
This thread is to track the progress of S.1085 legislation.
http://www.thomas.gov/cgi-bin/query/D?c111:1:./temp/~c1111gR7Z4::
http://www.govtrack.us/congress/bill.xpd?bill=s111-1085&tab=committees
This recapture bill was introduced in the US senate and it has been referred to the Senate Judiciary Committee. It has ten members with 6 democrats who usually favor immigrants , including the chairman Sen. Charles Schumer, one of the sponsors of the bill. It will clear the committee, no doubt, but how fast?
IV should focus on this legislation getting passed. It has provisions for the unused visas in any category for the oversubscribed quota. This will definitely help reduce the backlog.
Lets focus on getting this bill passed. It is for the people who play by the rules and obey the laws of the country. Who pay taxes and contribute to the economy. Lets try to get this bill passed and capture all the VISAs lost due to the inefficiency of DoL and USCIS.
This thread is to track the progress of S.1085 legislation.
http://www.thomas.gov/cgi-bin/query/D?c111:1:./temp/~c1111gR7Z4::
http://www.govtrack.us/congress/bill.xpd?bill=s111-1085&tab=committees
This recapture bill was introduced in the US senate and it has been referred to the Senate Judiciary Committee. It has ten members with 6 democrats who usually favor immigrants , including the chairman Sen. Charles Schumer, one of the sponsors of the bill. It will clear the committee, no doubt, but how fast?
IV should focus on this legislation getting passed. It has provisions for the unused visas in any category for the oversubscribed quota. This will definitely help reduce the backlog.
Lets focus on getting this bill passed. It is for the people who play by the rules and obey the laws of the country. Who pay taxes and contribute to the economy. Lets try to get this bill passed and capture all the VISAs lost due to the inefficiency of DoL and USCIS.
more...
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mrsr
05-22 12:34 AM
Processing times are based on Received date or Notice Date?
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dilipb
06-23 04:03 PM
And always send via USPS express mail. (1 day costed me $18) but I came to know instantly the next day that they received it.
You could also use some cheaper USPS option. as long as it has some delivery confirmation.
The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
Ha Ha.
You could also use some cheaper USPS option. as long as it has some delivery confirmation.
The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
Ha Ha.
more...
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coopheal
12-17 10:52 AM
Fact is you can always make smaller contribution using pay pal or make $100 one time contribution in every few months.
You have no intension to make contribution, so just try to find excuses for not contributing.
Might be thinking �it not my fault�. only if IV lowers contribution amount�. You can keep thinking this and make yourself happy.
I shall say please don't repeat the same thing over and over again. ... if it doesn't work it doesn't.... yes... i will leave this forum soon, if things remain naggingly same.
And please remember it's bottom up that works here not top-down.
You have no intension to make contribution, so just try to find excuses for not contributing.
Might be thinking �it not my fault�. only if IV lowers contribution amount�. You can keep thinking this and make yourself happy.
I shall say please don't repeat the same thing over and over again. ... if it doesn't work it doesn't.... yes... i will leave this forum soon, if things remain naggingly same.
And please remember it's bottom up that works here not top-down.
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kaisersose
05-07 12:22 PM
I am reading a lot of information posted on this form thanks a lot to every one.
But I am still not clear if I can apply in EB2 (PERM) as the job requirement says
Minimum of 5 years programming experience
But is really important to SAY THAT�S MASTERS DEGREE PREFERRED,
Because I have Masters in computer science but the job requirement does not need it.
To apply in EB2? Or just BS+5 years of experience is good enough
Form information posted I deduce that BS= 2years of experience
I have 5 years of experience so total of 7 years (SVP of 8) as per
http://online.onetcenter.org/help/online/svp.
Guru�s Please Advise!!
P.S : I was in EB2 before had to walk away from it as I had change jobs, Perm approved, I 140 in process and I-485 not filed
This is really a question for your attorney.
General basic EB2 requirement is MS + n years of experience where n >= 0. BS + n + 5 years of experience is also acceptable.
But I am still not clear if I can apply in EB2 (PERM) as the job requirement says
Minimum of 5 years programming experience
But is really important to SAY THAT�S MASTERS DEGREE PREFERRED,
Because I have Masters in computer science but the job requirement does not need it.
To apply in EB2? Or just BS+5 years of experience is good enough
Form information posted I deduce that BS= 2years of experience
I have 5 years of experience so total of 7 years (SVP of 8) as per
http://online.onetcenter.org/help/online/svp.
Guru�s Please Advise!!
P.S : I was in EB2 before had to walk away from it as I had change jobs, Perm approved, I 140 in process and I-485 not filed
This is really a question for your attorney.
General basic EB2 requirement is MS + n years of experience where n >= 0. BS + n + 5 years of experience is also acceptable.
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ramaonline
09-06 02:23 PM
We are planning to visit India in Nov 08 after three years. I would be using my AP to return after 4 weeks. My wife is planning to stay there for seven months and plans to return using AP. Based on what I see on this thread, seems like it would be very risky for my wife to use AP to re-enter after a seven month period.
I'm still working on H1B and my wife on H4 ( although she has an EAD, she doesnt work). We have H1B approval valid till March 09. My wife would be re-entering in June 09. I'm in the process of renewing my H1 and H4.
If my wife gets her H4 stamping then she can re-enter in June 09 using H4 visa. I plan to re-enter using AP in Nov 08.
I am also planning to consult my lawyer. Would this work out? Gurus, pls. help
No need to use AP to travel when you are in valid H1 status, and are continuing to work with the GC sponsoring employer. You can use the valid h1 stamp to reenter without any risk to the pending 485
Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.
I'm still working on H1B and my wife on H4 ( although she has an EAD, she doesnt work). We have H1B approval valid till March 09. My wife would be re-entering in June 09. I'm in the process of renewing my H1 and H4.
If my wife gets her H4 stamping then she can re-enter in June 09 using H4 visa. I plan to re-enter using AP in Nov 08.
I am also planning to consult my lawyer. Would this work out? Gurus, pls. help
No need to use AP to travel when you are in valid H1 status, and are continuing to work with the GC sponsoring employer. You can use the valid h1 stamp to reenter without any risk to the pending 485
Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.
rayoflight
08-16 06:33 PM
Emailed 2 Senators: Barbara Mikulski and Benjamin Cardin
&
My Congressman: Chris Van Hollen
I am from Maryland
Link to contact the Congress: http://www.visi.com/juan/congress/
Cheers,
K
&
My Congressman: Chris Van Hollen
I am from Maryland
Link to contact the Congress: http://www.visi.com/juan/congress/
Cheers,
K
pd_recapturing
02-06 10:14 AM
AC21 can be as safe as a any normal 485 case so do not worry. Its classic case of USCIS ignorance on AC21. I would say, hire a good lawyer and prepare for a MTR. I have seen Ron Gotcher as a very prominent proponent of AC21 rules. You can take his help. I used AC21 and got GC approved without any hiccups. My case was handled by Ron and I have been completely satisfied with his services.
PS: I am not affiliated to Ron in any way. This is my personal experience.
PS: I am not affiliated to Ron in any way. This is my personal experience.