drirshad
02-20 05:02 PM
http://www.immigration-law.com/Canada.html
02/20/2008: USCIS Releases FBI Namecheck Policy Q&A Today
* The Q&A indicates that there are about 47,000 cases that fall under this changed policy and most of these cases are expected to be processed by mid-March 2008.
02/20/2008: USCIS Releases FBI Namecheck Policy Q&A Today
* The Q&A indicates that there are about 47,000 cases that fall under this changed policy and most of these cases are expected to be processed by mid-March 2008.
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roseball
08-23 10:00 AM
I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
reddog
02-27 05:13 PM
Regardless of the incorrect forum to tell about yourself, your story has serious flaws.
you are just telling us your side of a photoshopped story.
Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.
Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?
to make matters worse, you stayed illegally in a country and did not follow the rule of law.
you are just telling us your side of a photoshopped story.
Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.
Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?
to make matters worse, you stayed illegally in a country and did not follow the rule of law.
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hopefull
07-06 05:14 PM
As if being a FT employee is a virtue :rolleyes: ...dude you gotta move ur crap somewher else
Had it not been a virtue, you wouldnt have been on this board for your GC. If you know what I mean. The GC /EAD will give you portability and bargaining power in negotiations for your wages with your employer.
THINK BEFORE YOUR OPEN YOUR TRAP DUDE...OR YOU WILL BE EMBARASSED
Had it not been a virtue, you wouldnt have been on this board for your GC. If you know what I mean. The GC /EAD will give you portability and bargaining power in negotiations for your wages with your employer.
THINK BEFORE YOUR OPEN YOUR TRAP DUDE...OR YOU WILL BE EMBARASSED
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Marphad
06-17 10:04 AM
I support.
chanduv23
05-15 12:53 PM
Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.
All those big ones were actually small shops. Outplacement is a common practice, the intent of numbers USA and PG is to target anyone who is on H1b and not just desi shops.
So many desi shops or Amricaan shops do outplacement and pay competitive saalaries and have nothing to do with outsourcing. CIBER and Ajilon are huge outplacement companies, but very rarely indulgein visa gouging as they deal only with transfers and involve in transfers only after client agrees to hire the consultant
All those big ones were actually small shops. Outplacement is a common practice, the intent of numbers USA and PG is to target anyone who is on H1b and not just desi shops.
So many desi shops or Amricaan shops do outplacement and pay competitive saalaries and have nothing to do with outsourcing. CIBER and Ajilon are huge outplacement companies, but very rarely indulgein visa gouging as they deal only with transfers and involve in transfers only after client agrees to hire the consultant
more...
logiclife
01-09 12:00 PM
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Firstly, COBRA has pretty much nothing to do with AC21.
COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).
I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.
Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.
Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.
You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.
Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.
Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.
So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.
But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.
On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.
This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?
Links on COBRA :
DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Firstly, COBRA has pretty much nothing to do with AC21.
COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).
I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.
Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.
Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.
You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.
Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.
Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.
So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.
But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.
On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.
This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?
Links on COBRA :
DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm
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leoindiano
08-06 02:13 PM
Nov 2004 PD.
Delax,
One more thing i see, if a case is transferred from another center, looks they are not touching it.
Delax,
One more thing i see, if a case is transferred from another center, looks they are not touching it.
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GCplease
05-13 05:03 PM
Sorry to hear about your case.
From what I have heard, you can apply for I485 till your case gets adjudicated. Your PD is Dec 2003. It will easily take 2 to 3 years to get approval. In that time, get your divorce papers, get married, bring your new wife in H4 and apply for her 485. I think you'll be good.
I am not sure what will happen to your ex. You may need to revoke her 485 application. not sure if you can just revoke hers or you need her to sign some application (which she may not be willing to).
Check with an attorney. They should be able give you the best advice.
I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
From what I have heard, you can apply for I485 till your case gets adjudicated. Your PD is Dec 2003. It will easily take 2 to 3 years to get approval. In that time, get your divorce papers, get married, bring your new wife in H4 and apply for her 485. I think you'll be good.
I am not sure what will happen to your ex. You may need to revoke her 485 application. not sure if you can just revoke hers or you need her to sign some application (which she may not be willing to).
Check with an attorney. They should be able give you the best advice.
I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
hair Posted 5 months ago #quote
casinoroyale
08-26 02:28 PM
No, it is not mandatory, but I suggest your renew it if you do not have H1B visa so that you can have it readily should a need arise to travel in emergency.
My AP is expiring very soon. I do not have any travel plans to India in 6 months from now. Is it mandatory that I have to renew the AP before the old one expires?
Thanks in advance.
Ram
My AP is expiring very soon. I do not have any travel plans to India in 6 months from now. Is it mandatory that I have to renew the AP before the old one expires?
Thanks in advance.
Ram
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tinku01
02-19 11:48 AM
Wellwin I am totally agree with your points and whatever you have mentioned in your message is appreciable.
like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.
In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
Thanks
like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.
In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
Thanks
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BharatPremi
11-07 02:00 PM
I received my AP on Nov 3 and looking at the AP doc it had an approval date of Oct 10 whereas I had "Document mailed to applicant" message on Oct 31.
I am not sure what happened between Oct 10 and Oct 31st.
I am sure nothing happened between that period to your papers except eating dust in USCIS mailroom.
I am not sure what happened between Oct 10 and Oct 31st.
I am sure nothing happened between that period to your papers except eating dust in USCIS mailroom.
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satyasaich
07-21 04:02 PM
EAD Renewal applied online on Jun21st
My Case
Got the LIN088001XXXX
FP done on 07/11
Approval Email received (card prodcution ordered)today
Spouse Case
Got an MSCXXXXXXXXX Number as receipt number
FP done on 07/11
Approval: Not yet
Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD
----
EB3/ India Nov2003
Proud Supporter of IV
"Don't go where a path leads. Rather go where there is no path and leave a trail for others"
My Case
Got the LIN088001XXXX
FP done on 07/11
Approval Email received (card prodcution ordered)today
Spouse Case
Got an MSCXXXXXXXXX Number as receipt number
FP done on 07/11
Approval: Not yet
Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD
----
EB3/ India Nov2003
Proud Supporter of IV
"Don't go where a path leads. Rather go where there is no path and leave a trail for others"
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itsmedude
02-12 06:50 PM
All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
My previous employer did not pay any thing additional, he paid for the hours i worked at the client place, this $3500 is for the last few days which he says the vendor is not paying as i did not give notice, so he expects me to reimburse it.
How can one expect desi employer to pay more, it would be a surprise if such thing happens.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
My previous employer did not pay any thing additional, he paid for the hours i worked at the client place, this $3500 is for the last few days which he says the vendor is not paying as i did not give notice, so he expects me to reimburse it.
How can one expect desi employer to pay more, it would be a surprise if such thing happens.
more...
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jonty_11
07-19 03:17 PM
Thanks. she is still working for the same employer who sponsored her H1. Now, she needs to continue maintaining relation and continue working working them.
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with any loopholes by being honest. I do not think lying would help and may lead to more troubles.
never lie, it can come back to bite u in the rear
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with any loopholes by being honest. I do not think lying would help and may lead to more troubles.
never lie, it can come back to bite u in the rear
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gc_chahiye
01-04 11:53 AM
The kids from the second marriage can definitely come. He can call the first wife get her the green card, then divorce her and go and marry the second wife and bring her here.
once he gets his GC (until he becomes a citizen) getting the 2nd wife over iis going to take too long, as its in FB quota, not EB. Thats one reason why many unmarried folks did not file their I-485 in July/August. If their 485 is approved before their marriage, then bringing the spouse over is real tough.
once he gets his GC (until he becomes a citizen) getting the 2nd wife over iis going to take too long, as its in FB quota, not EB. Thats one reason why many unmarried folks did not file their I-485 in July/August. If their 485 is approved before their marriage, then bringing the spouse over is real tough.
more...
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kosars
08-13 10:47 PM
no i will wait for the receipt
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FinalGC
03-27 08:07 AM
Guys:
I am not sure if the PM and email from IV is working. I sent out 4-5 PM and emails to various members from MI and I have not got a single reply. Also I still have not got an email from Sanjay or Varsha. Also breddy2000's email also was not received.......I am not sure if something is down.
Please advise what is needed, otherwise I have a very crazy schedule next week and I will not be able to do anything.
Please email me at samuels@michigan.gov
Thanks
I am not sure if the PM and email from IV is working. I sent out 4-5 PM and emails to various members from MI and I have not got a single reply. Also I still have not got an email from Sanjay or Varsha. Also breddy2000's email also was not received.......I am not sure if something is down.
Please advise what is needed, otherwise I have a very crazy schedule next week and I will not be able to do anything.
Please email me at samuels@michigan.gov
Thanks
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insbaby
04-09 08:33 AM
could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
It is difficult to get a document from the underwriter on what basis he/she approves the interest rate.
Anything over $10K, an interest rate of 4.875% saves lot of money compare to 5.5%
But why one gets 4.875% and another one gets 5.5% may not be questioned.
There was another thread, a post replied as when he forced a bank to send him a document with explanation why his application was denied, it had very generic info, carefully excluding things that trigger legal battle.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
It is difficult to get a document from the underwriter on what basis he/she approves the interest rate.
Anything over $10K, an interest rate of 4.875% saves lot of money compare to 5.5%
But why one gets 4.875% and another one gets 5.5% may not be questioned.
There was another thread, a post replied as when he forced a bank to send him a document with explanation why his application was denied, it had very generic info, carefully excluding things that trigger legal battle.
breddy2000
03-21 03:21 PM
Hi FinalGC,
I am in Ann Arbor, MI and would love to coordinate meeting with the lawmakers with you here in the Michigan area.
Pool me in..Sent you PM
I am in Ann Arbor, MI and would love to coordinate meeting with the lawmakers with you here in the Michigan area.
Pool me in..Sent you PM
hopelessGC
04-13 05:27 PM
Well done
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