alterego
01-18 01:54 PM
This is the sort of thing that should make folks wake up and smell the coffee. Advocate for yourself or lose the dream. Those of you hoping to wait it out, whether it be 5 yrs or 10 yrs, let this be the warning shot. When times get tough, you see all sorts of crazy things crop up, whether intended by the gov't or through vigilante enforcement like in this case.
What makes EAD holders immune to these sorts of things? Nothing is certain in this environment.
Physicians recently faced a scare(last year) when the USCIS TSC unilaterally started deeming MBBS degrees undergraduate baccalaureate degrees and declining EB2 petitions for them in spite of nearly half a century of precedent to the contrary. This in spite of the ECFMG, ACGME, State Medical boards(vested with the task of determining qualification to practice) etc all recognizing such foreign degrees for Medical/Surgical Residency training and subsequent practice.
It was only after months of lobbying and various letters of support from medical organisations, and meetings with the USCIS by some prominent lawyers like Greg, that they relented.
If that can happen out of the blue to International physicians typically working in underserved areas. Then those of you who feel an EAD card makes you immune are living in a fantasy. Take a stand, organize better and advocate for yourself. There will likely be a narrow window later this year for us, there must be a better effort.
BTW. It took a friend of mine 7 months recently to get his EAD card. No explanation, no nothing. He did not push the issue because he was on a H1b visa, however those are the sort of things that can happen.
What makes EAD holders immune to these sorts of things? Nothing is certain in this environment.
Physicians recently faced a scare(last year) when the USCIS TSC unilaterally started deeming MBBS degrees undergraduate baccalaureate degrees and declining EB2 petitions for them in spite of nearly half a century of precedent to the contrary. This in spite of the ECFMG, ACGME, State Medical boards(vested with the task of determining qualification to practice) etc all recognizing such foreign degrees for Medical/Surgical Residency training and subsequent practice.
It was only after months of lobbying and various letters of support from medical organisations, and meetings with the USCIS by some prominent lawyers like Greg, that they relented.
If that can happen out of the blue to International physicians typically working in underserved areas. Then those of you who feel an EAD card makes you immune are living in a fantasy. Take a stand, organize better and advocate for yourself. There will likely be a narrow window later this year for us, there must be a better effort.
BTW. It took a friend of mine 7 months recently to get his EAD card. No explanation, no nothing. He did not push the issue because he was on a H1b visa, however those are the sort of things that can happen.
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sanju
04-04 02:09 PM
sanju, you said that right man.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
dilbert_cal
03-17 02:22 AM
1. Whats wrong with the profile - care to elaborate ?
2. He = ganguteli OR ...?
If you meant the person who posted on the other site, then I disagree with your opinion. Using words like the one used above, regardless of whether hidden behind asterisks or not , is not the right thing to do.
2. He = ganguteli OR ...?
If you meant the person who posted on the other site, then I disagree with your opinion. Using words like the one used above, regardless of whether hidden behind asterisks or not , is not the right thing to do.
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jaihanuman
05-24 12:52 PM
Done.Web fax 15 sent.
more...
hpandey
10-19 10:48 AM
Any number lesser than 800,000 is good for us.. doesnt mean all is well.. we have to continue in our efforts with IV and we could have a better breakthrough..
Anything less than 800,000 is good... even a few hundred thousand less :) There's still a lot of work and patience required but a good news is a good news nevertheless.
Anything less than 800,000 is good... even a few hundred thousand less :) There's still a lot of work and patience required but a good news is a good news nevertheless.
ItIsNotFunny
10-14 01:35 PM
We have been hoping that for the last 3 years.
I would say hope that the hope works!
I would say hope that the hope works!
more...
psvk
07-12 03:47 PM
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born DOMINICAN REPUBLIC INDIA MEXICO PHILIPPINES
1st C C C C C C
2nd C 01MAR06 C 01MAR06 C C
3rd 01JUN04 22SEP03 01JUN04 01JAN02 U 01JUN04
Other Workers 15MAY02 15MAY02 15MAY02 01JAN02 U 15MAY02
4th C C C C C C
Certain Religious Workers C C C C C C
5th C C C C C C
Targeted Employment Areas/ Regional Centers C C C C C C
5th Pilot Programs C C C C C C
All Chargeability Areas Except Those Listed
CHINA- mainland born DOMINICAN REPUBLIC INDIA MEXICO PHILIPPINES
1st C C C C C C
2nd C 01MAR06 C 01MAR06 C C
3rd 01JUN04 22SEP03 01JUN04 01JAN02 U 01JUN04
Other Workers 15MAY02 15MAY02 15MAY02 01JAN02 U 15MAY02
4th C C C C C C
Certain Religious Workers C C C C C C
5th C C C C C C
Targeted Employment Areas/ Regional Centers C C C C C C
5th Pilot Programs C C C C C C
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bytegame
06-13 05:48 PM
Can a spouse of a person on Eb3 apply for EB2(if eligible) and then port his/her application with the EB3 PD for the family?
I doubt you can do that. Labor and I-140 (stage when you port the PD) are person-specific and not for the 'family'.
I doubt you can do that. Labor and I-140 (stage when you port the PD) are person-specific and not for the 'family'.
more...
MerciesOfInjustices
04-04 10:13 PM
The idea for this organization was path-breaking to start with. On top of it all the hard work to sustain the effort, and advance it!
I became even more impressed when I had an opportunity to interact with some of the "The 12 Wise People"! In my profession and my life, I have seen a lot - it takes a lot to truely impress me. The effort & zeal- not even one per cent of which is visible to the public - has been illuminating.
Believe me, as things will unfold, everybody will realize how selflessly these people have led this struggle, and continue to do so! The benefits of this struggle will actually be available to one and all - the sceptic as well as the believer!
To borrow one of these guys' salutation - Cheers!
I became even more impressed when I had an opportunity to interact with some of the "The 12 Wise People"! In my profession and my life, I have seen a lot - it takes a lot to truely impress me. The effort & zeal- not even one per cent of which is visible to the public - has been illuminating.
Believe me, as things will unfold, everybody will realize how selflessly these people have led this struggle, and continue to do so! The benefits of this struggle will actually be available to one and all - the sceptic as well as the believer!
To borrow one of these guys' salutation - Cheers!
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GCBy3000
12-25 11:16 AM
3000 seems to be an average number.
I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.
I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.
more...
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Bytes4Lunch
03-10 10:45 AM
zCool
I was wondering when you received the RFE. Were you in the US when you received it ? Did you travel to India for a visa stamping ?
I was wondering when you received the RFE. Were you in the US when you received it ? Did you travel to India for a visa stamping ?
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GCchakravyuh
07-13 09:04 AM
It feels much better after i became member of this wonderful website in July. All the info, jokes keep me assured of so much support...:)
more...
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ebizash
07-07 02:37 PM
Thanks Desi3933 for such a quick response!
My employment offer letter has everything but the job duties but the job duties I can get from HR at anytime. In fact we have automated system that can generate all these in a PDF that the HR person can sign.
I am thinking that combination of offer letter, Job verification letter signed by HR, last pay stubs from previous employer, AC-21 memo and a cover letter explaining the portability provision should be enough.
The problem is my attorney is insisting that the letter that they sent for my employer's signature is "required" to successfully respond to this RFE. Is it really true? I have seen other posts where IV memebrs sent a very simple EVL and stuff.
Thanks
ebizash
My employment offer letter has everything but the job duties but the job duties I can get from HR at anytime. In fact we have automated system that can generate all these in a PDF that the HR person can sign.
I am thinking that combination of offer letter, Job verification letter signed by HR, last pay stubs from previous employer, AC-21 memo and a cover letter explaining the portability provision should be enough.
The problem is my attorney is insisting that the letter that they sent for my employer's signature is "required" to successfully respond to this RFE. Is it really true? I have seen other posts where IV memebrs sent a very simple EVL and stuff.
Thanks
ebizash
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pa_arora
07-16 01:08 PM
I will give you a green too. You have been a great help to forum members understand retrogression issues.
how do u give a green or red dot??
how do u give a green or red dot??
more...
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chanduv23
06-16 03:50 PM
eb3nepa & srikondoji, it is not just non Indians that not standup, there are close to quarter millions Indians in the queue who follow immigration news and who want things work but just do not want to standup. It could either be "fear" or "no care" attitude. It is true with immigrants from other countries too. Immigrants from all countries have a hidden fear, as it is not their country but a country they want to immigrate to and do not want to do anything that displeases the country. It is factual. Very few people actually have the guts to question.
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coolest_me
02-08 06:03 PM
One of friends got advice from a tax consultant about the 401K withdrawal question you have. The best approach in this case would be to phase out the withdrawal amounts over a period of successive years. When you are in India, you are not earning US income. So say if you take 10K the first year, it will be considered income earned in US for which you have to pay tax. Since 10K is below the standard deduction amt, you will not have to pay any tax. The penalty will still apply as you are breaking the 401K.
Disclaimer - Talk to a tax professional.
Thanks
Does someone knows if this is true for Traditional IRA also ?
Disclaimer - Talk to a tax professional.
Thanks
Does someone knows if this is true for Traditional IRA also ?
more...
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jnraajan
03-28 04:56 PM
I somhow feel that Name Check problem has not been taken care of within its entirety. I agree with one thing that NC will be "improved" but has not been and will never be streamlined the way actually it should be.
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
I may be wrong but my doubts are as under:
------------------------------------------
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
Expert or differed opinions please?
You bring up some valid points. But then, every issue we bring up with regards to USCIS is valid. There is no transaparency in this agency, which is why we have all these issues. Even before this 180 day rule, there was no way for us to find out if and when USCIS requested NC and when it was completed.
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
I may be wrong but my doubts are as under:
------------------------------------------
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
Expert or differed opinions please?
You bring up some valid points. But then, every issue we bring up with regards to USCIS is valid. There is no transaparency in this agency, which is why we have all these issues. Even before this 180 day rule, there was no way for us to find out if and when USCIS requested NC and when it was completed.
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NKR
11-07 03:54 PM
Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
However, having an official AC21 process would be good.
I think so too, the employer wants to scr** us while we are with him, but he doesn�t care a rats a** if we are not with him even if we have worked for him for years. The employer has to show ability to pay since GC is for future employment, so he simply revokes 140 to get rid of this burden. The whole system has flaws and Indian EB immigrants are the worst affected.
However, having an official AC21 process would be good.
I think so too, the employer wants to scr** us while we are with him, but he doesn�t care a rats a** if we are not with him even if we have worked for him for years. The employer has to show ability to pay since GC is for future employment, so he simply revokes 140 to get rid of this burden. The whole system has flaws and Indian EB immigrants are the worst affected.
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gcseeker2002
11-11 11:10 AM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
bhatiap
07-03 05:26 PM
I have sent an email to US Senator Dianne Feinstein, California.
Please send an email to your Senators.
Please send an email to your Senators.
sledge_hammer
09-10 07:11 PM
1. When you were a student did you carry your I-20 with you all the time?
2. When you were on H-1B did you carry it around?
If your answer is yes, then do carry your GC too!
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
2. When you were on H-1B did you carry it around?
If your answer is yes, then do carry your GC too!
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
