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  • Rajeev
    08-10 03:23 PM
    I hope I am DEAD WRONG. But this seems too good to be true!

    You can read the details of the bill at

    Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)

    Apart from the provisions mentioned in my previous post, there are other favorable provisions too.





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  • gc4me
    02-09 10:17 AM
    You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!

    Do this fast:

    01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.

    02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))

    03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!

    04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).

    05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.


    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.





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  • pani_6
    01-21 04:39 PM
    :)Action now





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  • dealsnet
    08-04 12:07 PM
    We will forget many legal requirement after getting GC due to the excitment.
    But we need to do these things to finish our GC journey.

    Thank you for this information. Never realized that this should be done.



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  • delax
    08-03 09:47 PM
    I think thousand is over exagerated. Most people have filled their application at NSC.
    I also have a consiparacy theory now. The dates porbably have moved out because of TSC as they did not have enough cases to process.

    U may be right. Do you know the NSC, TSC 485 break up. This is the first time I have heard that NSC has way more apps than TSC. Sorry I may be behind the curve on this..........





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  • sanju
    08-02 11:46 PM
    Thanks for the information. VB dates were stuck around April 2001 date because a large number of applications were filed to meet the deadline for
    245i.

    The dates were �current� until 2005 because of the availability of unused visa numbers that were recaptured by AC-21 bill - passed in 2000-2001. So countries with larger applicant pool got (a lot) more than the otherwise allowed ~3000 green cards in each category. Since 2005, there are no recaptured visa numbers are available, so applicants in a category from any specific country cannot get more than ~ 3000 green cards. Pls. see the distribution of green card numbers in 2006 in his document:
    http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf

    Most people on the forum are busy tracking their 485 receipt, of encashment of bank checks, IO comments etc. Most people will learn that all this is tracking is of no use other than helping everybody to have higher BP. If more green card numbers are not allocated, the wait time for applicants with priority date 2006 could possibly be more than a decade. The past trends were driven by positive events like visa recapture etc. So these trends are not reflective of what to expect in the future. But looking at 2006 numbers, one thing is for sure, the wait times could be a many more that what we would expect.

    There is only thing that can prevent wait times of more than 10-15 years - change in the law to increase the number of EB GCs.



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  • breddy2000
    06-25 10:06 AM
    Bumping up.


    Atleast , you are sure that you can leave your employer after 2 yrs.

    But if you do not file now and the date retrogesses again,. you may not be able to file any time sooner...with this CIR and stuff like that, which are not favourable to us. I would say just go ahead and do it.

    See if there is any breakage clause. if they have, then if you like quit them and pay the Penalty or what ever.

    I say all these are made up by the Employers to scare the employees.

    As of now, just accept in what ever they say....and later on see if it is legal/illegal etc...





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  • dilbert_cal
    03-14 01:10 AM
    I hope someone out there in a similar situation can help me out.
    I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
    I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
    Any comments or tips are welcome.

    You are supposed to report ALL income regardless of its legal validity or not. Having said that, legally you are not allowed to have any other income other than from your H1B sponsoring company. I dont know though how this compares to the other deals wherein you open a Bank A/c and get 200 bucks and others like that.

    Another point you may want to find out more is if your real estate agent is showing the amount paid to you as an expense or not.

    And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)



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  • dealsnet
    12-28 12:50 PM
    I am waiting to see this. They put old date, not released on Dec. 14th. They just change the ate from Nov. 14 to Dec. 14 th. Just make us fools.
    see my thread about this:
    http://immigrationvoice.org/forum/showthread.php?t=16229

    Which world are u? These dates are there online for more than 2 weeks now.





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  • supers789
    07-14 04:18 PM
    huh! looks like either not many ppl received audits.. or not many received response back ??



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  • Ann Ruben
    02-23 01:51 PM
    Paul,

    You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.





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  • grupak
    08-15 01:50 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.



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  • chanduv23
    08-07 08:04 AM
    Please visit http://iv-tristate.blogspot.com

    Please make it to this event





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  • jasmin45
    08-08 04:27 PM
    You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...

    You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.



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  • binadh
    07-09 01:52 PM
    I am not asking how to snatch the sugarcane out of an Elephant's mouth. I just want to poke the cane in his mouth until he bleeds, so that he will think twice before he grabs on the sugarcane next time. You know what I mean???

    I learned my lesson and just want to teach him something out of this as well. HELP ME here?

    Lawyers do not refund any payments (period).

    An Indian saying comes to mind (roughly translated): Never try to snatch the sugarcane out of an elephant's mouth.





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  • nozerd
    09-07 09:54 AM
    Yes ofcourse, if I was at the end of GC road I wouldnt go in the first place.

    I was questioning this since I wanted to know if it was legaly allowed, since I wouldnt actually be working and earning in the US.

    If this is truly allowed and my company lawyer agrees then it would truly make my life easier.

    Thanks



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  • babu123
    08-20 03:14 PM
    I got name check information atlast today. Its cleared
    Still waiting for GC Approval. God knows when it will get approved.

    Labor Priority Date: May 24, 2006
    I -140 Approved: Oct 2006
    I-485 RD July 2, 2007
    I-485 ND Aug 27, 2007 with SRCXXXXXXX





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  • rkat
    12-13 08:15 PM
    Dyekek12 - my friend....We all are here only wishing the best for each other.! There has to be a reason why majority of folks who responded to to ur post in fact agree with what i had to say...This country is full of opportunity - no doubt about that.! But boy - one has to heavy, heavy price for that.!! A price that a lot of folks on this forum have to come to see - one that is not worth it.!. Yes - i am talking about the GC. Something that promises you all the freedom, flexibility, mobility that each one of is entiltled too.! But the road to get the GC is a road better not taken.! The only reason most of the folks here think alike - because we're already on this extremely bumpy road...invested time, $$, energy into all this.! And we all have been bought to a stage where we are standing outside the temple but are not allowed inside to seek blessings.! We don't know when we will be allowed inside..?? This is the anxiety that ends up eating u inside.!! Extremely uncomfortable, uneasy and anxiety filled scenario.!!
    Yeah dude...make a wise decision..No matter what! We can only advice.! Good luck!





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  • asiandude2
    05-17 10:12 PM
    Ammendment 4005 to CIR by Cornyn under the SKIL ACT states that:

    (b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

    (1) by striking ``or'' at the end of subclause (I);

    (2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and

    (3) by adding at the end the following:

    (III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.


    We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:

    (I) is a member of the teaching profession, or
    (II) has exceptional ability in the sciences or the arts.


    If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.





    ronhira
    10-20 12:44 PM
    Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.

    there is no need for pro-immigrant senator to respond becoz as soon as they respond..... it will increase the visibility and importance of grassley..... many a times in politics, the purpose of putting out provocative statement is to provoke a response..... to that effect, no response is the best response.... it is better for california director to respond & fight with a sitting senator, which de-values grassley's perceived seniority.....





    rrajasekar
    08-04 09:06 AM
    Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".

    I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.

    I will update once i get more clarification.



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