abe1
12-27 12:07 AM
Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )
According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.
The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; “Immigrants are nearly 30% more likely to start a business than non-immigrants ” and “about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs” . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn’t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn’t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .
Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don’t have the actual numbers. Aren’t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?
According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.
The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; “Immigrants are nearly 30% more likely to start a business than non-immigrants ” and “about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs” . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn’t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn’t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .
Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don’t have the actual numbers. Aren’t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?
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rakeshverma72
03-30 12:44 PM
PD: 06/26/2006
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
Hermione
10-02 11:50 AM
Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself?
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
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OLDMONK
07-08 08:44 PM
You don't have to. But if your case is straight forward files last 3 w2's. If you did have some out of status time or lower than usual wages in recent years, just file the most recent one + 3 paystubs.
My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.
Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.
My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.
Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.
more...
raju123
05-15 10:45 AM
^^^^^ Please vote here
Only 215 votes for EB2 India?
Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?
We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?
Something doesn't add up.
Can ROW people please have a poll for yourselves?
Only 215 votes for EB2 India?
Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?
We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?
Something doesn't add up.
Can ROW people please have a poll for yourselves?
rb_248
09-08 02:45 PM
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
more...
same_old_guy
11-10 03:42 PM
http://immigrationvoice.org/forum/showthread.php?t=3779
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kabeer_g
01-12 12:17 PM
This is absolutely illegal. Never never do this.
So can you please suggest what do I do in this case. Only other option I can think of is telling the New Delhi consulate that I will be back in country in April and can submit my passport then.
I am hoping leaving India and entering US on Advance Parole was fine. It is not like my H1B had been denied. They needed additional documentation (medical report), which I submitted. After that they told me it would take them 2-3 weeks to process additional information. Since I did not have that much time, I left the country.
So can you please suggest what do I do in this case. Only other option I can think of is telling the New Delhi consulate that I will be back in country in April and can submit my passport then.
I am hoping leaving India and entering US on Advance Parole was fine. It is not like my H1B had been denied. They needed additional documentation (medical report), which I submitted. After that they told me it would take them 2-3 weeks to process additional information. Since I did not have that much time, I left the country.
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niklshah
01-30 12:49 PM
Sent email to detroit free press and detroit news
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sankap
07-06 06:05 PM
Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
more...
raysaikat
01-29 12:22 PM
My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
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manishcp
09-21 07:00 PM
Thanks for information.
Manish
Manish
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hopefulgc
08-13 01:09 PM
after rolling out the sept visa ... rao saab aaram kar rahe hain...
kindly not "DISTUB"
:D:D:D
(translation : __mr rao is resting__)
Yea...expect to have Vldrao back after the visa bulletin is out.
Where is mr. rao?
kindly not "DISTUB"
:D:D:D
(translation : __mr rao is resting__)
Yea...expect to have Vldrao back after the visa bulletin is out.
Where is mr. rao?
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prem_goel
12-02 11:25 PM
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
more...
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MatsP
June 7th, 2005, 02:21 AM
These are all good suggestions and translate well from my film days. I also read that, whereas in b&w the adage was expose for the shadows and develop (or print) for highlights, in digital it is the reverse - expose to preserve detail in the highlights and then use your curves in RAW to fix the shadows where you want them. So I'll have to put all that to work this week / weekend. If the flowers stay around, that is.
Yeah, that seems like a reasonable approach. The b&w film is probably much more tolerant to overexposure than the sensor, same as colour film, you can overexpose several stops, and as long as you compensate in the printing phase. Not so with digital cameras, they can tolerate only a very mild case of overexposure. In RAW it's a little bit more tolerant than if you use JPG in the camera, but only because the most fine details in the highlight is lost when converting from internal RAW pixels to 8-bit pixels for the JPG. Also consider that the lost information is actually just the last few bits, so when multiplied up to show a decent image, you'd still get a pretty sketchy result.
I'd also like to concur with Josh about the sensitivity: the range that the sensor can accept intense light is pretty much the same for all DSLR's for the same generation. You'll just have to live with it, compensate for it and wait for the next generation of sensors that are more tolerant... ;-)
--
Mats
Yeah, that seems like a reasonable approach. The b&w film is probably much more tolerant to overexposure than the sensor, same as colour film, you can overexpose several stops, and as long as you compensate in the printing phase. Not so with digital cameras, they can tolerate only a very mild case of overexposure. In RAW it's a little bit more tolerant than if you use JPG in the camera, but only because the most fine details in the highlight is lost when converting from internal RAW pixels to 8-bit pixels for the JPG. Also consider that the lost information is actually just the last few bits, so when multiplied up to show a decent image, you'd still get a pretty sketchy result.
I'd also like to concur with Josh about the sensitivity: the range that the sensor can accept intense light is pretty much the same for all DSLR's for the same generation. You'll just have to live with it, compensate for it and wait for the next generation of sensors that are more tolerant... ;-)
--
Mats
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reddog
04-20 09:50 AM
Dude!
You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)
Rather, an Indian dude, or for that matter dudes everywhere would worry the most about the to-be-bride.
You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)
Rather, an Indian dude, or for that matter dudes everywhere would worry the most about the to-be-bride.
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sieger007
05-17 11:20 PM
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
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logiclife
06-22 12:52 PM
"According to Miller, only about 30 percent of applicants are running into such difficulties."
ONLY??!! Since when did 1/3 of something become "only"?
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
ONLY??!! Since when did 1/3 of something become "only"?
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
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anandrajesh
05-04 01:56 PM
wellwishergc..
looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??
That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??
thx
Yes, you dont have to be employed by the company to file for I-140. They can do GC as a "Prospective Employee" & for "future employment". The only downside to that is they look at lot of company's details, like ability to pay, returns for the last few years and so on. But if your company is a big company that shldnt be an issue.
looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??
That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??
thx
Yes, you dont have to be employed by the company to file for I-140. They can do GC as a "Prospective Employee" & for "future employment". The only downside to that is they look at lot of company's details, like ability to pay, returns for the last few years and so on. But if your company is a big company that shldnt be an issue.
vinayskadam
11-29 08:18 PM
Thanks for the Reply and I had called up the USCIS and they had asked me to send a letter for correcting the information. I have sent the letter now along with the supporting documents. Hope evverything goes fine.
shreekarthik
06-08 05:57 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.
But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.
But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.
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