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gsvisu
07-12 08:54 AM
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'
In the world and era of progression
We get the word of 'Retrogression'
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king37
01-18 11:00 AM
i applied in 2003 and got in 2005.. its very simple actually .. u can write to me i can help you out
kshitijnt
07-03 03:44 PM
agree with amsgc regarding H1 "transfer"
AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.
Talk to a lawyer before you go.
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.
Talk to a lawyer before you go.
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
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WillIBLucky
12-13 12:58 PM
That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
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kk_kk
02-03 06:51 PM
I can say for sure, Canada PR is not going to work because I went through the same situation and I was not allowed to board British Airways flight in Hyderabad with Canada PR and US AP.
I am still fighting with BA for getting an refund.
I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended
I am still fighting with BA for getting an refund.
I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended
ahasan
05-31 10:18 AM
This is my first time $100 contribution.
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lazycis
08-15 10:15 AM
Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.
Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
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mhathi
03-23 10:57 AM
I had put in undecided at this time or something like that
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dish
09-26 06:00 PM
Instead of asking for "filing for I-485 even when Priority date is not current" ,
why not we ask for "filing for EAD and Advance Parole based on an approved I-140.".
The net effect is the same. By the present law EAD and Advance parole is issued based on a pending I-485. Instead , EAD and Parole could be issued based on on an Approved Immigrant petition - ie I-140.
Even if we are allowed to file for I-485 when priority dates are not current, the application for adjustment of status will not be considered without being a visa date available.
why not we ask for "filing for EAD and Advance Parole based on an approved I-140.".
The net effect is the same. By the present law EAD and Advance parole is issued based on a pending I-485. Instead , EAD and Parole could be issued based on on an Approved Immigrant petition - ie I-140.
Even if we are allowed to file for I-485 when priority dates are not current, the application for adjustment of status will not be considered without being a visa date available.
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virald
05-21 01:55 PM
I applied for renewal on May 19th. My EAD expires on August 23. So, I guess I'll have to follow your renewal process to see if mine will arrive in time.
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vnsriv
10-08 02:14 PM
i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one
Your sentences are confusing. Please no offense.
You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.
My case : got GC on June. Filed wife's case in June and she has an EAD.
All the best.
Your sentences are confusing. Please no offense.
You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.
My case : got GC on June. Filed wife's case in June and she has an EAD.
All the best.
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IVFOREVER
03-27 03:49 PM
I will also agree with you "To be positive". But being realistically positive is good and avoids disappointment at the end of the day.
:D:D:D
:D:D:D
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optimist
09-30 09:53 AM
Thank you folks, for sharing your thoughts!
thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(
By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
<quote>
(i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
(ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
</quote>
How generous, isn't it?? :eek:
Any one else, with good/bad experiences to share about this ?
.
.
thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(
By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
<quote>
(i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
(ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
</quote>
How generous, isn't it?? :eek:
Any one else, with good/bad experiences to share about this ?
.
.
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a1b2c3
12-19 08:41 AM
If we were not present there would not be jobs for the current american colleagues of ours.
If Andy Grove was not allowed to immigrate, there would be no Intel in the USA.
If Sergey Brin was not allowed to immigrate, there would be no Google in the USA.
If Charles Simonyi and others was not allowed to immigrate, there would be no Xerox Star, no Mac and no Windows in the USA.
If .. <Add other names here>> there would be no Silicon Valley.
I and other outsiders have created countless jobs and maintained America's technological superiority.
... So I respectfully disagree with your statement about us displacing jobs :)
- JK
ok. convince yourself then, that you are all of the above names you just rattled off.
If Andy Grove was not allowed to immigrate, there would be no Intel in the USA.
If Sergey Brin was not allowed to immigrate, there would be no Google in the USA.
If Charles Simonyi and others was not allowed to immigrate, there would be no Xerox Star, no Mac and no Windows in the USA.
If .. <Add other names here>> there would be no Silicon Valley.
I and other outsiders have created countless jobs and maintained America's technological superiority.
... So I respectfully disagree with your statement about us displacing jobs :)
- JK
ok. convince yourself then, that you are all of the above names you just rattled off.
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GCwaitforever
04-10 02:21 PM
Also lots of people are putting the PD as April 1st 2001. Not sure if this is correct.
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GCDelay
11-30 11:17 AM
xxx
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laborinbacklog
09-29 09:03 AM
We have taken indian jewellary with us when we travelled to India. I dont think it is a problem and you dont have to declare it in customs. I think if you are carrying cold in the form on coins or bars, you will have to pay customs. I dont remember but it says in the customs form that personal jewellary need not be mentioned. I would check the india's customs website.
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jsb
11-28 01:19 PM
Fee : $305.00
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.
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Bogdan
06-04 12:39 PM
As a statistician, can you not live with something like "There's an 80% chance that statistics is considered part of the "M" in STEM"?
(Couldn't resist. Just trying to find something humorous in our common misery.)
You are right. Since the 95% Confidence Interval for for the probability of Statistics being one of the majors in STEM is (0.4, 1.0), the lower limit of this interval is too low for me not to live with the doubt. But I'll survive...
(Couldn't resist. Just trying to find something humorous in our common misery.)
You are right. Since the 95% Confidence Interval for for the probability of Statistics being one of the majors in STEM is (0.4, 1.0), the lower limit of this interval is too low for me not to live with the doubt. But I'll survive...
smisachu
02-01 04:04 PM
Here is what I would do..
1. Pay off your debts..
2. Collect 6 months of paycheck equivalent money in CDs.
3. Buy life insurance.
4. contribute to 401K if employer offers a match.
5. Start children's education fund (4o3b?)
6. Buy some gold may be 5-10% of savings.
7. Invest in US based large cap consistent dividend yielding stocks > 4% yield (example:- PFE & T).
8. Invest in an index fund with exposure to global economies with low expense ratio.
9. Invest in your health (gym membership or equipment etc..)
10. Buy some real estate if you can afford.
Anything left over from this you should be put in equity tranche of a Synthetic CDO-Squared and hedge the USD-INR fluctuation on the payout of your investments by buying long dated Quanto options maturing at the expiration of your H1 or patience in waiting for GC-which ever comes first.
:D
I am kidding of course...
1. Pay off your debts..
2. Collect 6 months of paycheck equivalent money in CDs.
3. Buy life insurance.
4. contribute to 401K if employer offers a match.
5. Start children's education fund (4o3b?)
6. Buy some gold may be 5-10% of savings.
7. Invest in US based large cap consistent dividend yielding stocks > 4% yield (example:- PFE & T).
8. Invest in an index fund with exposure to global economies with low expense ratio.
9. Invest in your health (gym membership or equipment etc..)
10. Buy some real estate if you can afford.
Anything left over from this you should be put in equity tranche of a Synthetic CDO-Squared and hedge the USD-INR fluctuation on the payout of your investments by buying long dated Quanto options maturing at the expiration of your H1 or patience in waiting for GC-which ever comes first.
:D
I am kidding of course...
smuggymba
06-23 11:44 AM
I used to work for big4 in IT, they file in EB3 unless you're a Sr. Mgr. I quit and joined another US company just for EB2...hoping for the best.
entrada de Vukahynew @ 0:35
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