pappu
06-21 08:14 AM
Another answer from Rajiv Khanna: on multiple 485s
I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.
I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.
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grupak
03-24 10:37 AM
Yes, it is for a job which does NOT require security clearance.
Is there a formal way / method to let the company and USCIS know of such discrimination ? Any published guidelines from USCIS ?
Your response would depend on how badly you want this job.
Most times the hiring staff doesn't know the law and are too lazy. Anything out of the ordinary, they just reject.
If you want the job, you don't want to appear like a trouble maker. So, you could just write back politely that you were surprised by the disqualification since the Department of Homeland Security (do not write USCIS) had issued the EAD and enquire if they know that DHS guides employers against discrimination towards EAD holders. You can mention or attach form I-9.
Alternatively if you want to hold their feet to the fire, you can contact a lawyer. Hiring a lawyer should get their attention. Let the lawyer contact them. And also let DHS know about this employer. Write to them.
In any case, we cannot let employers come up with their own laws after we have gone through so much to get to the EAD stage. The law is the law and we are following it.
Is there a formal way / method to let the company and USCIS know of such discrimination ? Any published guidelines from USCIS ?
Your response would depend on how badly you want this job.
Most times the hiring staff doesn't know the law and are too lazy. Anything out of the ordinary, they just reject.
If you want the job, you don't want to appear like a trouble maker. So, you could just write back politely that you were surprised by the disqualification since the Department of Homeland Security (do not write USCIS) had issued the EAD and enquire if they know that DHS guides employers against discrimination towards EAD holders. You can mention or attach form I-9.
Alternatively if you want to hold their feet to the fire, you can contact a lawyer. Hiring a lawyer should get their attention. Let the lawyer contact them. And also let DHS know about this employer. Write to them.
In any case, we cannot let employers come up with their own laws after we have gone through so much to get to the EAD stage. The law is the law and we are following it.
krishmunn
04-01 03:00 PM
Quote from Shusterman's newsletter --- "According to our calculations, EB-2 priority dates for India and China may advance not just weeks or months, but years!"
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k_usa
06-27 01:42 PM
Hi ,
I left the SSN for my wife blank in I-765
My attorney told me to fill in ITIN # if available.
My wife is on H4 and she do have ITIN#.
I am confused.
Can anybody please clarify.
Thanks In advance
========================
Contribution so far - $100
I left the SSN for my wife blank in I-765
My attorney told me to fill in ITIN # if available.
My wife is on H4 and she do have ITIN#.
I am confused.
Can anybody please clarify.
Thanks In advance
========================
Contribution so far - $100
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kph
06-29 05:20 PM
My intentions was not to offend anyone...all I am trying to say is blaming the H4 visa is unfair...H4's intention is to have the dependents be able to join the H1 visa holder....just that, nothing more....it is another story that most people want to do more than just that while on a H4. And for that several other visa options are all open..
Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..
Dude, its very very unfair on H4 people. You got to be in H4 visa to understand their problems. I could apply this logic to anything. So does anyone land here expecting to becoming a GC holder or citizen right away? So if someone says you will not be given GC just because while coming you were not guaranteed a permanent status, will you agree to it?
Everyone tried to convert to H1 and look what happened. Stupid lottery kicked this year on first day. And F1, its not that everyone is wanting to become a student. What if they had enough degree already in foreign country? Besides you can't study here for free...
I know nothing can be done by us and the only way out for them is EAD. At least lets not go overboard and tell H4 people that you don't deserve to crib about it.
Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..
Dude, its very very unfair on H4 people. You got to be in H4 visa to understand their problems. I could apply this logic to anything. So does anyone land here expecting to becoming a GC holder or citizen right away? So if someone says you will not be given GC just because while coming you were not guaranteed a permanent status, will you agree to it?
Everyone tried to convert to H1 and look what happened. Stupid lottery kicked this year on first day. And F1, its not that everyone is wanting to become a student. What if they had enough degree already in foreign country? Besides you can't study here for free...
I know nothing can be done by us and the only way out for them is EAD. At least lets not go overboard and tell H4 people that you don't deserve to crib about it.
knacath
09-23 06:57 PM
The total number of applications excluding EB2, EB3 are 7,653.
The total visa's per annum -> 140,000
Considering that there would be more applications during the year from non-retrogressed countries/categories ..it is evident now that there won't be more than 5K such applications. On pessimistic side even if we consider 10K such applications, The visas available for retrogressed EB2 and EB3 should be around 120K this year.
Total pending EB2 is 74,932. So EB2 should be Current for all countries this year.
EB3 should get around 40K visas this year.
Any one disagrees?
I thought each EB category could get upto 28.6% of 140000 = 40000 visas every fiscal year. So if EB1 uses up 5000 and EB2 takes the remaining 35000 and its annual allotment of 40000, EB3 does not get any spillover.
Thoughts?
The total visa's per annum -> 140,000
Considering that there would be more applications during the year from non-retrogressed countries/categories ..it is evident now that there won't be more than 5K such applications. On pessimistic side even if we consider 10K such applications, The visas available for retrogressed EB2 and EB3 should be around 120K this year.
Total pending EB2 is 74,932. So EB2 should be Current for all countries this year.
EB3 should get around 40K visas this year.
Any one disagrees?
I thought each EB category could get upto 28.6% of 140000 = 40000 visas every fiscal year. So if EB1 uses up 5000 and EB2 takes the remaining 35000 and its annual allotment of 40000, EB3 does not get any spillover.
Thoughts?
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americandesi
03-26 01:52 PM
Q: Why does budget come in to picture here?
A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.
This is plain stupidity. These employers should first take a good look at an EAD and a GC. As far as work authorization is concerned, both these cards provide us with the same rights. The EAD says “The person identified is authorized to work in the US for the validity of this card” where as the GC says “The person identified by the card is authorized to work and remain in the US”.
So why does the legal department come into picture here? Is it because of the expiry date associated with EAD’s? If that’s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?
A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.
This is plain stupidity. These employers should first take a good look at an EAD and a GC. As far as work authorization is concerned, both these cards provide us with the same rights. The EAD says “The person identified is authorized to work in the US for the validity of this card” where as the GC says “The person identified by the card is authorized to work and remain in the US”.
So why does the legal department come into picture here? Is it because of the expiry date associated with EAD’s? If that’s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?
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kpsm88
05-14 03:58 PM
Hi,
We have already made plans for our India trip. We will be leaving US on June 2nd. Can we apply 485 on June 1st and leave to India on June 2nd.
Will there be any complications around this.
As we will be returning in July, we are not sure if my PD will still be current by the time we return back.
Thanks for your time and reply
Regards
KP
We have already made plans for our India trip. We will be leaving US on June 2nd. Can we apply 485 on June 1st and leave to India on June 2nd.
Will there be any complications around this.
As we will be returning in July, we are not sure if my PD will still be current by the time we return back.
Thanks for your time and reply
Regards
KP
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EndlessWait
01-24 03:45 PM
how quick we are to blame the Indian Govt.......??
Continental has direct flights to Delhi and Mumbai from Newark, Jet flies from both JFK and Newark, Air India flies direct as well, American flies from Chicago direct.
Many Middle East airlines (Qatar, Emirates) fly from New York to their respective hubs in Middle East and then to multiple cities in India.
Aeroflot ( my parents had a great experience on the airline - good food, courteous service and good new boeing planes) flies to Moscow and then to India.
West Coast folks can fly via Singapore or HK or Malaysia........
With so many choices - why should we even bother to patronize the London airport - i have no idea.....
Though i have a GC and dont need a TV for london - i hate to patronize such unfriendly airport systems.
it would be nice to see indian corps. to start flights from all major US cities...just bypass UK and the gang.
I live in Boston area and cant use the flights which u just mentioned..and by the way if it wasn't for the poor response of the Indian govt. we would have a had a thriving international airline industry.. have u seen the airport, the service of indian airlines..i'd more than happy to use indian flights if they only improved in world class sense..
one reason why countries like UK can exploit us is becoz they know we don't have a better choice..
Continental has direct flights to Delhi and Mumbai from Newark, Jet flies from both JFK and Newark, Air India flies direct as well, American flies from Chicago direct.
Many Middle East airlines (Qatar, Emirates) fly from New York to their respective hubs in Middle East and then to multiple cities in India.
Aeroflot ( my parents had a great experience on the airline - good food, courteous service and good new boeing planes) flies to Moscow and then to India.
West Coast folks can fly via Singapore or HK or Malaysia........
With so many choices - why should we even bother to patronize the London airport - i have no idea.....
Though i have a GC and dont need a TV for london - i hate to patronize such unfriendly airport systems.
it would be nice to see indian corps. to start flights from all major US cities...just bypass UK and the gang.
I live in Boston area and cant use the flights which u just mentioned..and by the way if it wasn't for the poor response of the Indian govt. we would have a had a thriving international airline industry.. have u seen the airport, the service of indian airlines..i'd more than happy to use indian flights if they only improved in world class sense..
one reason why countries like UK can exploit us is becoz they know we don't have a better choice..
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ashshef
09-24 05:57 PM
This is not the correct understanding. I know this myth is propogated millions of times in millions of board and so now this myth has become "truth" for millions. But that is not the correct way USCIS does things.
Country specific limit - 9% does NOT have any realtion to "assigning numbers". it is just meant to "approve 485 - mail you a real physical green card".
In ROW cataegory other countries are also bound with this 9 (7 + 2) % limit for Visa granting. For an example - For Pakistan USCIS will never grant more than 9% visa per year no matter how many applications from Pakistan have been assigned a valid visa number. Same will go true for Britain or any "other" country.
In reality How USCIS divide 28.6% among countires - That is unknown mystery and nobody surely know that. And that is why I had to assume "equal shares - 5 part" in my analysis assuming USCIS works fairly but we all know that is a bullshit too :)
I completely agree with your last 2 lines. But I don't agree with the even dividing of the number into 5 categories of I,P,C,M,ROW.
Let's take an example. Suppose for some odd coincidence....the first 8000 odd EB3 apps that USCIS processes starting Oct 1.....none are from I,P,C,M. Suppose First 2500 are from Uk, next 2500 from France, next 2500 Germany and the next 508 from Pakistan. Now the number for ROW at this point would be 8008. Now they get another app from UK next. Will they refuse to process that app as the ROW figure had reached? Then they will still process more than 2500 for I,P,C,M. Won't that be unfair to UK applicants.
As I have said a couple of times now, and so have a few others - ROW cannot be capped at X/5. Due to the high demand from I,P,C,M....it likely gets a MINIMUM of (100 - (7 X 4)) X EB3 cap.
Country specific limit - 9% does NOT have any realtion to "assigning numbers". it is just meant to "approve 485 - mail you a real physical green card".
In ROW cataegory other countries are also bound with this 9 (7 + 2) % limit for Visa granting. For an example - For Pakistan USCIS will never grant more than 9% visa per year no matter how many applications from Pakistan have been assigned a valid visa number. Same will go true for Britain or any "other" country.
In reality How USCIS divide 28.6% among countires - That is unknown mystery and nobody surely know that. And that is why I had to assume "equal shares - 5 part" in my analysis assuming USCIS works fairly but we all know that is a bullshit too :)
I completely agree with your last 2 lines. But I don't agree with the even dividing of the number into 5 categories of I,P,C,M,ROW.
Let's take an example. Suppose for some odd coincidence....the first 8000 odd EB3 apps that USCIS processes starting Oct 1.....none are from I,P,C,M. Suppose First 2500 are from Uk, next 2500 from France, next 2500 Germany and the next 508 from Pakistan. Now the number for ROW at this point would be 8008. Now they get another app from UK next. Will they refuse to process that app as the ROW figure had reached? Then they will still process more than 2500 for I,P,C,M. Won't that be unfair to UK applicants.
As I have said a couple of times now, and so have a few others - ROW cannot be capped at X/5. Due to the high demand from I,P,C,M....it likely gets a MINIMUM of (100 - (7 X 4)) X EB3 cap.
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ArkBird
09-09 04:57 PM
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Milind123
01-24 11:16 AM
I had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don�t have a valid US visa. (Note: If you have AP, and don�t have a valid visa, you still need a TV).
I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).
Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).
It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.
I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.
I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.
I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).
Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).
It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.
I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.
I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.
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eastindia
10-13 04:21 PM
How is AllVoi?
If offers unlimited calling in USA and 750 min to India for just 14.99
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kumar1
03-26 11:21 AM
"Alaway complain" is the best policy. I got In-state tution for my wife and fought with the university for 4 months. Their rule said - You have to be a resident alien to get in-state. They assumed (because it brought more money) that only Green Card holders are resident aliens. I proved to them with documentation that H-1B and H4 are "non-permanent resident alien" for immigration status and resident alien for IRS tax purposes.
After 4 months university called me saying your wife would get in-state. They never gave it in writing....they still charge out of state to H4 candidates. So that you know, it is 3 times higher than in-state.
Only problem is ---after 7-8 years in this country I am getting tired of fighting these useless battles. I want to put my energy somewhere else, something more creative.
Like someone else suggested, I would never tell that I have EAD. Just say, I am authorized to work for any employer.
After 4 months university called me saying your wife would get in-state. They never gave it in writing....they still charge out of state to H4 candidates. So that you know, it is 3 times higher than in-state.
Only problem is ---after 7-8 years in this country I am getting tired of fighting these useless battles. I want to put my energy somewhere else, something more creative.
Like someone else suggested, I would never tell that I have EAD. Just say, I am authorized to work for any employer.
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Vikul
10-03 12:41 AM
Got my receipt today. Till friday i wasn't in there sytem, they told me to call after 1 month n today my company lawyers got the receipt. So guys hold on.... :-)
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smisachu
01-29 09:17 AM
AP can be used to re-enter and you can continue on your H1 if it is valid. Your H1 is invalidated only if you use EAD.
I just came back to US using AP, I had booked an appointment for Visa interview. But after seeing the PIMS mess I decided to use AP. It was very smooth and easy.
A question though: is'nt it abandoning your H1B1 visa tenure if you enter on AP even with a valid H1B remaining?[/QUOTE]
I just came back to US using AP, I had booked an appointment for Visa interview. But after seeing the PIMS mess I decided to use AP. It was very smooth and easy.
A question though: is'nt it abandoning your H1B1 visa tenure if you enter on AP even with a valid H1B remaining?[/QUOTE]
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GCAmigo
01-05 05:58 AM
Agreed/
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pvadiga
11-10 09:01 PM
Recieved a standard reply letter stating, thank you for your inquiry and you can track your inquiry through our tracking system. It is dated Nov 06 2008 A.M 01 and is attached to the letter we sent along with the envelope. I don't know if anybody else has recieved the same reply. We will have to see what we receive from other centers if we receive one. Thanks
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brb2
08-05 08:44 PM
It will not help. Your aliases will be checked too. If you look at the names of 3000 or people stuck in name check, it is mostly Indians, Chinese, Russsians and a smattering of some Arab names from all over the world including middle east and Africa. Most are men. Evidently, this is racial and religious profiling based on "classified criterion". It will be interesting if AILA files a class action suit against FBI/USCIS by a whole class of people targetted, who in most cases have nothing to do with any crime.
http://www.petitiononline.com/nc082505/petition.html
Look up the names of people stuck in name check to see how common names like Singh, Kaur and Kumar are caught up. Shows how intelligent the alogrithm is!
my lastname is unique.
will it help ?
http://www.petitiononline.com/nc082505/petition.html
Look up the names of people stuck in name check to see how common names like Singh, Kaur and Kumar are caught up. Shows how intelligent the alogrithm is!
my lastname is unique.
will it help ?
485Mbe4001
08-21 12:57 PM
VLDRAO does a good job of predicting but...I dont think EB2 I will be current in a year, try to understand, the visas might be there but the USCIS simply does not have the capacity to adjudicate so many cases. There will be a flurry of approvals in September when they reassign people from other departments to consume as much as they can of the existing quota, but the fact of the matter is that visas will still be wasted.
It is naive to assume that EB2 will be current and all problems will be solved. think practically.
As for EB3 if all the spillover is going to EB2 then ROW EB3 as a whole is getting increasingly backlocked which implies that there is less available for spillover for EB3 I/C. Watch out for more EB3 countries getting retrogressed in early 2009.
If I am not wrong VDLRAO is predicting Eb2 will be current with in a year if USCIS continue horizontal spillover. What is wrong with you..
It is naive to assume that EB2 will be current and all problems will be solved. think practically.
As for EB3 if all the spillover is going to EB2 then ROW EB3 as a whole is getting increasingly backlocked which implies that there is less available for spillover for EB3 I/C. Watch out for more EB3 countries getting retrogressed in early 2009.
If I am not wrong VDLRAO is predicting Eb2 will be current with in a year if USCIS continue horizontal spillover. What is wrong with you..
ilwaiting
06-29 05:17 PM
Do they think immigrants are Bloody joke. Why the fuck to play with our lives?
Feel like crying..Can't controll.poor my wife waiting for EAD...This is sick....Wasted so much time and money to get this done..wait for 3 years to get to this place..not back to trash chute...life sucks..
Feel like crying..Can't controll.poor my wife waiting for EAD...This is sick....Wasted so much time and money to get this done..wait for 3 years to get to this place..not back to trash chute...life sucks..