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sweet_jungle

02-01 11:12 PM

Sorry, if this is already discussed mutiple times. I was not able to find any Info.

My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.

While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated

Thanks,
-Sree

She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.

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Anders �stberg

March 15th, 2004, 04:30 AM

I'm a geek and like tech toys a lot, but when it comes to phones I just want it to be a good phone. I don't want it to include a poor PDA, or a lousy camera. I can see how it could be handy for some people and a fun toy for others, but personally I prefer to carry separate and fully functional phone, Palm Pilot and camera. It's great if they communicate though. I did get a new phone recently because I like the Bluetooth concept, for a wireless headset and for dial-up from my Palm or laptop. Other than that I don't like any of the new features yet. On top of being fiddly to use and low quality the prices here for using any picture or video based services are silly. It also often requires you to sign up for at least a year with a phone that's locked to a specific operator, even after the contract expires, a business model I really don't like.

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gc_chahiye

11-09 01:10 AM

According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is


June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K

Total = 500k

http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf

why more filers in Sept than June? I thought most PDs were better in June than in Sept...

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wellwishergc

07-14 08:49 AM

The pressure will be for H1B provisions. I am not sure, if anyone else, except for us who are caught up in retrogression, cares for GC provisions.

what it means is - we need to work harder, utilize lobbying pressure to get all the current provisions in the SKIL Bill cleared.

this probably the best info out there. There is industry pressure, bi partisan support, approval from the senate. just a matter of time.

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mbartosik

11-09 05:27 PM

http://news.google.com/news?hl=en&ned=us&q=bapio&btnG=Search+News

http://timesofindia.indiatimes.com/Indian_docs_win_legal_battle_in_UK/articleshow/2530784.cms

Good for them!

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pappu

08-07 10:31 AM

The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.

IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointment with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker guide that we have on the website, http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
The State Chapters will be organizing state level calls to coordinate this effort. You will be given detailed instructions and given documents to carry for these meetings. If you do not have a state chapter in your state, please join a nearby state chapter. You will be verified and included. Anonymous and unverified members are not given access to state chapters. You can find state chapters here: http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52

In summary there are four parts to this action item

1) Please start taking the appointments with your lawmakers now. Once you schedule these lawmaker meetings, please post the details in your state chapter yahoo/google group (date of the appointment and the lawmaker office) so that these efforts will be coordinated with others from your state chapter / local area. Do not post the details of your appointment on this thread.

2) We will be organizing conference calls in the coming weeks for members who are participating in this action item.


3) Once you have your meetings, please email the details and feedback to info at immigrationvoice.org to help us follow up with their DC office with your feedback.

4) If you are a state chapter member, set up a conference call any time starting this weekend to execute this action item. If you do not have a state chapter, join the conference calls of your nearby states for guidance. State chapter leaders will however verify you before giving access. State chapter leaders will find further updates and instructions in their state chapter leader forum.

We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.

Thank You.
Team IV

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walking_dude

11-27 09:25 PM

Let us do E-mail all our friends. We need all the support we can gather.

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vallabhu

01-02 11:45 AM

I am not giving up so easily after waiting for 4 years, esp when I have qualification mentioned in ETA-750 and mine was not a substitution labor either.

Any other thoughts guys.

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texcan

09-10 10:15 AM

Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.

Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07

Friends,

I must say, not all employers exploit people on H1b.
My take is it depends on the business ethics of company owner.

I have been with my current employer since last 6 years, no problems. Some of my friends have mentioned great things about their employers as well.

In all with stories heard, it will be good idea to create a rating or forum of such employers. let people vent off some steam and may warn others from getting into issues.

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desi3933

06-25 11:44 AM

I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

3. Will I485 as future employment has any problems?

4. Can I use AC21 after 180 days on my I485 future employment application?

5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.

1. Apply I485 as future employment (GC Job Offer from Employer A)
2. Same as #1
3. No, as long as you have job offer for open future GC job
4. Yes. AC-21 can be invoked.
5. Same as #1 seems to be better option

Not a legal advice
-----------------------
desi3933 at gmail.com

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sanju

11-20 03:51 PM

Generally secretaries follow laws. They do not frame any regulations or have any role in it. It will be in hand of Obama's immigration appointees to push immigration.

Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.

I think it would be incorrect to say that Secretaries do not frame regulations and it would be incorrect to say that they do not influence the policy and new laws. Infact, each Secretary have their own legislative group of staff who work with the congress.

Yes, we heard from Chertoff in the media during Katrina, Rita, Fay etc., but they have a lot more to do in terms of influencing the policy that govern the framework of any new legislations.

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jasonalbany

07-04 12:28 PM

Access to Job Market in U.S. a Matter of Degrees
Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
By Anna Gorman, Times Staff Writer
July 3, 2006


This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.

But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.

Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.

"I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."

Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."

The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.

Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.

"There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."

But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.

"The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.

The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.

The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.

There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.

Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.

Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.

"The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.

"If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."

One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.

Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.

"We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."

Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.

Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.

"It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.

"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."

Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.

If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.

"This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."

But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.

"We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."

David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.

Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.

Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."

"I am really qualified," she said. "Hopefully, I will be able to teach soon."

As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.

"The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."

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sajidmd

02-19 10:47 AM

I am also getting into similar situation..

Salary is jumping by > 50%

Role is changing from Programmer Analyst to Manager... Will this have any impact ?

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GCKarma

04-19 10:25 PM

Go to http://www.shusterman.com/

Got some updates as to whats going on behind the curtains ..

Gear up & give sometime to fight against the anti-immg groups who have already started contacting the law makers & congressmen ......


What does he mean by lengthy phase-in period?

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pani_6

08-23 10:49 AM

People who have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

Is there any use in comming here as a student?? anymore..

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ashkam

07-27 03:18 PM

I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.

I don't know if they take authorization from my employer or it should be from me.
Please suggest.

Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.

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CHHAYA

02-25 11:00 AM

we actually have our i-140 pending (its been 2 months since filling) and also when we filed the tax return they gave a number similar to ssn. with this as my legal status can i ask for a social security number..?

To get SS you need valid EAD.

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nlssubbu

10-08 08:12 PM

i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?

Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.

To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.

(PS: I am not a lawyer and please use my advice based on your own discretion)

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rcr_bulk

07-23 11:22 AM

as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...

on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?

I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???

My AP got approved in about a month. I applied some time between 7-10 of last month and I got it on 10th of this month.

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gc_dedo

01-27 03:34 PM

Sorry for the stupid question.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.

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checklaw

07-13 10:44 AM

My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.

Hi Chandu,
A quick question. Did you file AP for some anticipated travel purposes or lawyer's recommendation to simply keep extending AP also? Asking since am a 485 and EAD self filer and am looking at any recommended requirements.
BR
checklaw

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