zeta7
03-22 11:33 PM
Guys,
I'm in pretty much in the same boat as some of the other posters here. I don't have a valid H1b in my passport, I-140/I-485 is pending. EAD/AP is approved. My landing visa for Canada expires in May.
Has anyone tried landing and returning to the U.S. while on pending I-485 by utilizing their AP yet? Any issues? I expect my POE to be Chicago. Any information would be much appreciated.
This is driving me nuts. I really *really* don't want to abandon the Canada option, but the information I've come across on the forums have left me very apprehensive. I applied for Canadian Residency so that I could sleep a little better at night for the next three years, but looks like I bargained for nightmares instead!
Awaiting your responses. Thanks guys...
I'm in pretty much in the same boat as some of the other posters here. I don't have a valid H1b in my passport, I-140/I-485 is pending. EAD/AP is approved. My landing visa for Canada expires in May.
Has anyone tried landing and returning to the U.S. while on pending I-485 by utilizing their AP yet? Any issues? I expect my POE to be Chicago. Any information would be much appreciated.
This is driving me nuts. I really *really* don't want to abandon the Canada option, but the information I've come across on the forums have left me very apprehensive. I applied for Canadian Residency so that I could sleep a little better at night for the next three years, but looks like I bargained for nightmares instead!
Awaiting your responses. Thanks guys...
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sridhar68
09-10 09:15 AM
I don't know what this means. This is what it say in the Mumbai website.
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
anil_gc
08-09 10:37 AM
Anil,
Did you notice any change in the LUD of your pending or previously approved cases??
No, I have not created an online account
Did you notice any change in the LUD of your pending or previously approved cases??
No, I have not created an online account
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shreekarthik
10-09 09:57 AM
Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
what are u comparing man. Weather forecast involves super computers. USCIS cannot even tell properly how many applications are delayed across what category. 2 months have passed priority dates have not moved at all. why ? USCIS is still trying to arrange all the 485s in ascending order of PDs. But every day FBI clears some amount of name checks. No one can predict what PDs those ones have. So just when USCIS thinks it has reordered everything FBI dumps some more. Now USCIS has to again reorder.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
what are u comparing man. Weather forecast involves super computers. USCIS cannot even tell properly how many applications are delayed across what category. 2 months have passed priority dates have not moved at all. why ? USCIS is still trying to arrange all the 485s in ascending order of PDs. But every day FBI clears some amount of name checks. No one can predict what PDs those ones have. So just when USCIS thinks it has reordered everything FBI dumps some more. Now USCIS has to again reorder.
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arnet
05-23 12:32 PM
Thanks IV. Sent email to 10+2 and also to the following state senators: AZ,AK,CA,IL,AL,CO,CT,FL,ID,MA,PA. Will try to sent to other state senators too.
CADude
05-23 05:13 PM
I webfax and send email to CA Senetor.
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mhtanim
03-18 11:31 AM
No FP yet either.
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gcgonewild
09-15 05:38 PM
I 've sent pm.. please update the google doc.
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Chris Rock
09-24 12:32 PM
Some do not like Porting; some do not like Spillover allocation. And some do not like the interfiling. Remember, interfiling is like porting too.
Porting is the law right now. It is not easy to change the law these days.
Even if the law is modified, people who already started the porting process will be grandfathered. Thousands of porting application will be filed before the modified law become effective. That is what happened during PERM introduciton.
My 2 cents.
Porting is the law right now. It is not easy to change the law these days.
Even if the law is modified, people who already started the porting process will be grandfathered. Thousands of porting application will be filed before the modified law become effective. That is what happened during PERM introduciton.
My 2 cents.
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number30
05-01 10:48 AM
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
The problem with this argument is it separates the members of the Family. If the marriage is occurred prior to approval of green card spouse will fall in EB category. If the marriage date is after approval of the green card it will fall into Family quota. See those guys who got married after green card and trying to bring their spouses how much trouble they are having. Instead of focusing on that You can Focus on the issue of making one EB visa number per family in case EB immigrant. Now Each one of the Spouse are using one number. That will effectively double the available visa numbers.
The problem with this argument is it separates the members of the Family. If the marriage is occurred prior to approval of green card spouse will fall in EB category. If the marriage date is after approval of the green card it will fall into Family quota. See those guys who got married after green card and trying to bring their spouses how much trouble they are having. Instead of focusing on that You can Focus on the issue of making one EB visa number per family in case EB immigrant. Now Each one of the Spouse are using one number. That will effectively double the available visa numbers.
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flthere
07-21 04:00 PM
Whoever the lawmaker was who came up with the idea of allocating leftover EB4, EB-5 to EB-1 ! What? the least wanted category giving away its quota to highly deserving EB-1 ? How low can their thinking go ?
What ? the leftover EB-1 highly deserving visas given to slightly less deserving EB2 ? :)
Is there a proposal with IV to seek rethinking abt this spillover process ?
What ? the leftover EB-1 highly deserving visas given to slightly less deserving EB2 ? :)
Is there a proposal with IV to seek rethinking abt this spillover process ?
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zeta7
07-22 07:58 PM
Hi,
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
Hi MSandhu,
Yes, that helps a lot, thanks for the info. I am leaning towards abandoning the card for now; don't think I should risk a trip to Canada again if other options are available such as traveling by car. Plus if I understand it correctly I can get a travel document from the Canadian embassy too for air travel.
Thanks again.
EDIT: I called up the CIC center in Canada just to confirm my options today. The person I talked to said that it's true that to enter by land, you don't need a PR card; however, you will need at least one photo ID issued by a Canadian govt agency such as a drivers license. The landing document alone won't be sufficient as it doesn't have a photograph. She advised that a travel document should be issued easily enough, as long as I've maintained the residency requirements.
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
Hi MSandhu,
Yes, that helps a lot, thanks for the info. I am leaning towards abandoning the card for now; don't think I should risk a trip to Canada again if other options are available such as traveling by car. Plus if I understand it correctly I can get a travel document from the Canadian embassy too for air travel.
Thanks again.
EDIT: I called up the CIC center in Canada just to confirm my options today. The person I talked to said that it's true that to enter by land, you don't need a PR card; however, you will need at least one photo ID issued by a Canadian govt agency such as a drivers license. The landing document alone won't be sufficient as it doesn't have a photograph. She advised that a travel document should be issued easily enough, as long as I've maintained the residency requirements.
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Michael chertoff
02-08 05:28 PM
I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...
who is rapists and looters? I just want to know...please dont get mad and dont say Narendra Modi. he is the only great leader left in India.
MC
who is rapists and looters? I just want to know...please dont get mad and dont say Narendra Modi. he is the only great leader left in India.
MC
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ramus
07-07 10:17 PM
Please mention how many members from family..
IF we get minimum 1000 then we can talk to core members.
I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.
IF we get minimum 1000 then we can talk to core members.
I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.
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anzerraja
07-20 10:11 AM
Yes, we are considering that option. Thanks for the suggestion !
Also VMH_GC i see that you haven't entered the pledge amount in your original posting. Could you please re enter it, so we can keep track of it.
Thanks for your help with the spreadsheet thing
Small suggestion, Please extend this drive until monday, lot of people might contribute on weekend.
Also VMH_GC i see that you haven't entered the pledge amount in your original posting. Could you please re enter it, so we can keep track of it.
Thanks for your help with the spreadsheet thing
Small suggestion, Please extend this drive until monday, lot of people might contribute on weekend.
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newuser
07-20 12:18 PM
I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.
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coolstonesa
05-03 07:04 PM
Compare this stupid, never ending GC process with the Canadian one. Back in 1996, I got my Canadian residency in 5 months when I applied from India. Within 3 yrs i.e. by 1999, I got my Canadian citizenship. I know Canadian GC process takes more time now but it is quite straigtht forward and you can self sponsor.
I had applied for labor in 2002, got approved in 2003 but couldn't file 140 as the employer went out of business. Reapplied through new employer in 2003 and am stuck in PBEC ever since. The time span/ requirements to get card in hand is so long/complex that many things can go wrong on the way...e.g. layoff/ employer bankrupt etc. etc.
I wish someone can understand our sufferings/ pain.
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I had applied for labor in 2002, got approved in 2003 but couldn't file 140 as the employer went out of business. Reapplied through new employer in 2003 and am stuck in PBEC ever since. The time span/ requirements to get card in hand is so long/complex that many things can go wrong on the way...e.g. layoff/ employer bankrupt etc. etc.
I wish someone can understand our sufferings/ pain.
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
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calgirl
07-28 06:48 PM
Wishful thinking.. But I hope you are right!
Although I doubt it.. We are just not hearing back due to the volume of applications.. Not coz they plan on giving us greencards.. But..Wish you are right..
Gurus:
Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.
I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)
This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin
Is this something to cheer:)
Although I doubt it.. We are just not hearing back due to the volume of applications.. Not coz they plan on giving us greencards.. But..Wish you are right..
Gurus:
Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.
I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)
This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin
Is this something to cheer:)
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diptam
06-27 09:54 AM
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
psgupta9
05-23 04:39 PM
SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.
Guys,
The H1B renewal beyond six years is very important. People's Labor has been Pending for 5 years or more. Mine has been pending for over 4 years now, and I am already on 10th year H1B.
The Section 419(D): which talks about AC21 for renewal is really important.
This Bill is being done, to help people who have not followed a single rule, and this thing is going to have people waiting in line, to be removed from the process is really unfair.
This should not be allowed.
Guys,
The H1B renewal beyond six years is very important. People's Labor has been Pending for 5 years or more. Mine has been pending for over 4 years now, and I am already on 10th year H1B.
The Section 419(D): which talks about AC21 for renewal is really important.
This Bill is being done, to help people who have not followed a single rule, and this thing is going to have people waiting in line, to be removed from the process is really unfair.
This should not be allowed.
sriram18
04-22 06:23 PM
Count me in..
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