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chi_shark

02-18 12:34 PM

Yes, I worked during that time using EAD as I dont have H1b. My Lawyer said I can work as EAD was not revoked. I work for myself (self employment) through my own company.

Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..

Hello bkn96! congratulations!

so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!

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punjabi77

08-07 10:10 PM

I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
Well in my case USCIS did not give me any information.
So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
So i have stopped calling USCIS and directly call the Senator office.
Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
So may be you can try calling the Senator office and ask them to followup with your case.

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Pegasus503

07-13 03:35 AM

Damn I am going to be pissed off if he gets a green card before I do.

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nhfirefighter13

July 15th, 2004, 08:24 PM

Excellent work! You need to start sending copies of those out to publications to see what kind of response you get...or possibly some stock photo companies. :)

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s416504

10-02 03:54 PM

Applying PERM & H1 are diffrent. GC process is future employment so Any employer can sponser your PERM without joining him (But you have to join that employer if GC-485 get approved by him).
In My case, my earlier employer filed GC in 2004 but I140 got denied so I restarted whole GC process again.

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dealsnet

07-23 02:12 PM

See this thread for it.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499

In the stated situation, I would opt for changing the I-485 case to consular processing.

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freddyCR

January 13th, 2005, 02:31 PM

Just a red "X"

Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.

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h1techSlave

04-22 02:23 PM

Each RFE will result in lawyer fees, medical exams, etc. to the tune of $2000.

Even if they issue 100, 000 RFEs, the resultant increase in GDP = 100K * 2000 = $200 million.

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ArunAntonio

05-31 04:55 PM

Now is the time to take action.

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factoryman

06-19 04:33 PM

Start worrying about LC approval notice and start working about AOS.

Aaj kal nav jawanoku, ye kya ho raha hi?

please post your comments

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sintax321

09-04 01:28 PM

Would someone mind posting a link to a pixel stretching tutorial? I do a lot of photoshop work and have never seen it yet.

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gcdreamer05

03-09 05:56 PM

Nice dream but come to reality, dont even dream of GC till year 2019...... (if it goes in current pace).

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HereIComeGC

03-26 02:54 PM

That I agree, I should say it was some what an exaggeration when I said I could predict NASDAQ ...

But son't you guys think that this uncertainty also adds to the excitement of life here for us? Don't get me wrong ... just sharing a perspective here! Even I want my GC as desperately as any of us :)

I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"

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qualified_trash

08-26 03:21 PM

The true value of an MBA lies in the contacts you make when you go to school. An online MBA IMHO is of no real use in terms of your career.

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misanthrope

03-25 12:08 AM

How will that help resolve housing market problem? If you are going to make a claim then make sure that you can back it up with facts/figures/evidence.

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Canadianindian

07-08 10:02 PM

This video has either been removed or has a malformed URL

Check again

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gcnoteasy

11-23 11:34 PM

You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.

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clear485

03-27 01:07 PM

http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

http://smithgarg.com/article-overcoming-violations.aspx

Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.

Above documents are good....but have one concern here....let us assume....

Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...

Will it be a problem ?

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purgan

01-22 11:35 AM

http://hbswk.hbs.edu/item/5585.html

The Immigrant Technologist:
Studying Technology Transfer with China
Q&A with: William Kerr and Michael Roberts
Published: January 22, 2007
Author: Michael Roberts

Executive Summary:
Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S., and are prime drivers of technology development. Increasingly, however, Chinese technologists and entrepreneurs are staying home to pursue opportunities. Is this a brain drain? Professor William Kerr discusses the phenomena of technology transfer and implications for U.S.-based businesses and policymakers.

The trend of Chinese technologists and entrepreneurs staying home rather than moving to the United States is a trend that potentially offers both harm and opportunity to U.S.-based interests.

Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S. and are strong contributors to American technology development. It is in the United States' interest to attract and retain this highly skilled group.
U.S. multinationals are placing larger shares of their R&D into foreign countries, around 15 percent today. U.S.-based ethnic scientists within multinationals help facilitate the operation of these foreign direct investment facilities in their home countries.

Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S., and are prime drivers of technology development. Increasingly, however, Chinese technologists and entrepreneurs are staying home to pursue opportunities. Is this a brain drain?

Q: Describe your research and how it relates to what you observed in China.

A: My research focuses on technology transfer through ethnic scientific and entrepreneurial networks. Traditional models of technology diffusion suggest that if you have a great idea, people who are ten feet away from you will learn about that idea first, followed by people who are 100 miles away, and so forth in concentric circles. My research on ethnic networks suggests this channel facilitates faster knowledge transfer and faster adoption of foreign technologies. For example, if the Chinese have a strong presence in the U.S. computer industry, relative to other ethnic groups, then computer technologies diffuse faster to China than elsewhere. This is true even for computer advances made by Americans, as the U.S.-based Chinese increase awareness and tacit knowledge development regarding these advances in their home country.

Q: Is your research relevant to other countries as well?

China is at a tipping point for entrepreneurship on an international scale.A: Yes, I have extended my empirical work to include over thirty industries and nine ethnicities, including Indian, Japanese, Korean, and Hispanic. It is very important to develop a broad sample to quantify correctly the overall importance of these networks. The Silicon Valley Chinese are a very special case, and my work seeks to understand the larger benefit these networks provide throughout the global economy. These macroeconomic findings are important inputs to business and policy circles.

Q: What makes technology transfer happen? Is it entrepreneurial opportunity in the home country, a loyalty to the home country, or government policies that encourage or require people to come home?

A: It's all of those. Surveys of these diasporic communities suggest they aid their home countries through both formal business relationships and informal contacts. Formal mechanisms run the spectrum from direct financial investment in overseas businesses that pursue technology opportunities to facilitating contracts and market awareness. Informal contacts are more frequent�the evidence we have suggests they are at least twice as common�and even more diverse in nature. Ongoing research will allow us to better distinguish these channels. A Beijing scholar we met on the trip, Henry Wang, and I are currently surveying a large population of Chinese entrepreneurs to paint a more comprehensive picture of the micro-underpinnings of this phenomena.

Q: What about multinational corporations? How do they fit into this scenario?

A: One of the strongest trends of globalization is that U.S. multinationals are placing larger shares of their R&D into foreign countries. About 5 percent of U.S.-sponsored R&D was done in foreign countries in the 1980s, and that number is around 15 percent today. We visited Microsoft's R&D center in Beijing to learn more about its R&D efforts and interactions with the U.S. parent. This facility was founded in the late 1990s, and it has already grown to house a third of Microsoft's basic-science R&D researchers. More broadly, HBS assistant professor Fritz Foley and I are working on a research project that has found that U.S.-based ethnic scientists within multinationals like Microsoft help facilitate the operation of these foreign direct investment facilities in their home countries.

Q: Does your research have implications for U.S. policy?

A: One implication concerns immigration levels. It is interesting to note that while immigrants account for about 15 percent of the U.S. working population, they account for almost half of our Ph.D.-level scientists and engineers. Even within the Ph.D. ranks, foreign-born individuals have a disproportionate number of Nobel Prizes, elections to the National Academy of Sciences, patent citations, and so forth. They are a very strong contributor to U.S. technology development, so it is in the United States' interest to attract and retain this highly skilled group. It is one of the easiest policy levers we have to influence our nation's rate of innovation.

Q: Are countries that send their scholars to the United States losing their best and brightest?

A: My research shows that having these immigrant scientists, entrepreneurs, and engineers in the United States helps facilitate faster technology transfer from the United States, which in turn aids economic growth and development. This is certainly a positive benefit diasporas bring to their home countries. It is important to note, however, that a number of factors should be considered in the "brain drain" versus "brain gain" debate, for which I do not think there is a clear answer today.

Q: Where does China stand in relation to some of the classic tiger economies that we've seen in the past in terms of technology transfer?

A: Taiwan, Singapore, Hong Kong, and similar smaller economies have achieved a full transition from agriculture-based economies to industrialized economies. In those situations, technology transfer increases labor productivity and wages directly. The interesting thing about China and also India is that about half of their populations are still employed in the agricultural sector. In this scenario, technology transfer may lead to faster sector reallocation�workers moving from agriculture to industry�which can weaken wage growth compared with the classic tiger economy example. This is an interesting dynamic we see in China today.

Q: The export growth that technology may engender is only one prong of the mechanism that helps economic development. Does technology also make purely domestic industries more productive?

A: Absolutely. My research shows that countries do increase their exports in industries that receive large technology infusions, but non-exporting industries also benefit from technology gains. Moreover, the technology transfer can raise wages in sectors that do not rely on technology to the extent there is labor mobility across sectors. A hairdresser in the United States, for example, makes more money than a hairdresser in China, and that is due in large part to the wage equilibrium that occurs across occupations and skill categories within an economy. Technology transfer may alter the wage premiums assigned to certain skill sets, for example, increasing the wage gaps between skilled and unskilled workers, but the wage shifts can feed across sectors through labor mobility.

Q: What are the implications for the future?

A: Historically, the United States has been very successful at the retention of foreign-born, Ph.D.-level scientists, inventors, and entrepreneurs. As China and India continue to develop, they will become more attractive places to live and to start companies. The returnee pattern may accelerate as foreign infrastructures become more developed for entrepreneurship. This is not going to happen over the next three years, but it is quite likely over the next thirty to fifty years. My current research is exploring how this reverse migration would impact the United States' rate of progress.

About the author
Michael Roberts is a senior lecturer in the Entrepreneurial Management unit at Harvard Business School.

tnite

07-26 09:27 AM

Hello everyone,
I got to know about this website recently and I wish I had known it earlier.

Anyway, I need advice/conformation

I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
But looking at the possible choice you have mentioned :

1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.

2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.

3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.

But my choice would be the first one. It's not risky for the reasons I had mentioned.
my 2 cents

hebron

08-10 09:55 AM

I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.

I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.

I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:

1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.

2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.

In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .

Any suggestions/ advice appreciated.

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