FinalGC
03-26 12:07 PM
Guys:
It appears we did not get to have a leader for this chapter. Since I am in lansing Michigan, the heart of where all the lawmakers are in MI. I will be happy to coordinate any IV activity.
I have just sent some of you an email to contact me, so that we can plan to meet the lawmakers next week. Please send me your name, email add and phone number. Please send a PM or email.
Thanks
It appears we did not get to have a leader for this chapter. Since I am in lansing Michigan, the heart of where all the lawmakers are in MI. I will be happy to coordinate any IV activity.
I have just sent some of you an email to contact me, so that we can plan to meet the lawmakers next week. Please send me your name, email add and phone number. Please send a PM or email.
Thanks
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thomachan72
08-17 12:34 PM
EB2 or EB3?
Was there any audit for the perm (regular/random audits or otherwise?)?
Was the 140 done under premium processing?
Was there any audit for the perm (regular/random audits or otherwise?)?
Was the 140 done under premium processing?
deafTunes123
08-28 09:48 AM
Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
After my new EB2 I-140 got approved with (old PD), Lawyer requested USCIS by mail to interfile my Case.
In that notice, he clearly mentioned all about my information in few lines and also request to approved ASAP as the PD is current according to the bulletin.
Hope this helps. If you want more info. let me know. I will gladly share.
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
After my new EB2 I-140 got approved with (old PD), Lawyer requested USCIS by mail to interfile my Case.
In that notice, he clearly mentioned all about my information in few lines and also request to approved ASAP as the PD is current according to the bulletin.
Hope this helps. If you want more info. let me know. I will gladly share.
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indianabacklog
05-22 01:53 PM
After eight years my husband is almost able to work (waiting for EAD) and my son has aged out for derivative benefits and is on an F1 with no realistic path to permanent residency and eventual citizenship.
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
more...
fcres
08-14 03:10 PM
If you have a 3 year H1 extension (like I do now) you can get a stamping for 3 years and wont get tied up in AP extension filing etc. With the flood of applicants in July I think USCIS is going to take much longer to process AP/EAD and I am expecting periods between APs where I would be stuck, unable to travel. With a 3 year H1 stamp all those issues go away.
Traveling on AP also has the funny effect that your I-94 would be stamped to the expiry of the AP (1 year) rather than H1 (3 years) and I dont know what happens when that I-94 expires... H1 travel is simpler once you have a long lasting H1 stamp. Main advantage of AP is I can renew without leaving the country and if my I-485 ever gets approved when I am outside the country, I can re-enter (my H1 would be invalid at that point)
Thanks, that explains. I realized only couple of weeks back that i didn't need AP since my H1 stamping is valid until 2008 end and hopefully my GC will be approved by then. Anyway now i have backup since my AP also got approved yday.
btw, i read somewhere here that when your AP I-94 is about to expire you ammend that with your H1 so you will have the H1 expiry date.
Traveling on AP also has the funny effect that your I-94 would be stamped to the expiry of the AP (1 year) rather than H1 (3 years) and I dont know what happens when that I-94 expires... H1 travel is simpler once you have a long lasting H1 stamp. Main advantage of AP is I can renew without leaving the country and if my I-485 ever gets approved when I am outside the country, I can re-enter (my H1 would be invalid at that point)
Thanks, that explains. I realized only couple of weeks back that i didn't need AP since my H1 stamping is valid until 2008 end and hopefully my GC will be approved by then. Anyway now i have backup since my AP also got approved yday.
btw, i read somewhere here that when your AP I-94 is about to expire you ammend that with your H1 so you will have the H1 expiry date.
Kitiara
01-03 09:23 AM
Another pixel battle? Cool, I might enter myself in that one... I'm nowhere the standard of you two, but I could give it a go.
Tell us your idea, then one of us mods can post the official entry details...
Tell us your idea, then one of us mods can post the official entry details...
more...
JunRN
08-26 06:02 PM
Just thinking, is approval of EAD also meant that I-485 is accepted?
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ndbhatt
11-15 10:37 AM
I think ppl who have masters or above from accredited US university shouldn't have any visa restriction; meaning they shouldn't be counted towards their country quota. No cap for Masters from US University -:)
P.S. I don't have masters from US.
bhattji
P.S. I don't have masters from US.
bhattji
more...
Macaca
01-24 12:46 PM
exactly, and also, each member could add a signature to his posts to show his contributions and related items. This will not add any work to the IV, who is focusing on the imm relief now....
G
You can put any number in your signature.
We need an authentic interface to contributions by all members. This should require member login.
G
You can put any number in your signature.
We need an authentic interface to contributions by all members. This should require member login.
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aadimanav
12-16 02:38 PM
..and (in theory) where will EB1-India overflow go ?
EB1 ROW
|
|
EB1 India, China, Mexico, Phillipines
|
|
EB2 ROW
|
|
EB2 India, China, Mexico, Phillipines
|
|
EB3 ROW
|
|
EB3 India, China, Mexico, Phillipines
|
|
Recyle Bin (here are the visas we want to recapture)
Is the above flow correct?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
EB1 ROW
|
|
EB1 India, China, Mexico, Phillipines
|
|
EB2 ROW
|
|
EB2 India, China, Mexico, Phillipines
|
|
EB3 ROW
|
|
EB3 India, China, Mexico, Phillipines
|
|
Recyle Bin (here are the visas we want to recapture)
Is the above flow correct?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
more...
dvb123
12-03 05:11 PM
http://www.immigration-law.com/
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pappu
02-17 09:06 AM
ivuser, thanks for posting your research. It will help members who want to think ahead after greencard stage or want to know about the defination of 'permanent job' for greencard when it is applied.
more...
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Canadian_Dream
10-19 01:43 PM
I am not sure if this is that simple. There are no clear laws that state what would be the implication if:
Your I-140 on which you were granted an extension is revoked by your employer. This is quite possible if you are not working for that employer and the employer decided to go by the book. Most big employers would do it just as a prodedure. Some would do to subsitute the underlying labor.
I have heard various things in this regard some from lawyers too, and I haven't got a clear answer on it. This provision comes from AC-21 which fails to state the above condition. There were further directives (Yates memo etc) after AC-21 to clarify various situations, unfortunately this situation wasn't answered in any of them either.
If you draw parallels from extensions granted on Labor Certification, the H1B is valid till the end of duration as long as labor remains pending. If Labor is approved or denied or subsituted the underlying H1B status is quentionable. This could mean that the extension granted is not without strings attached. This is just my opinion.
If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.
Your I-140 on which you were granted an extension is revoked by your employer. This is quite possible if you are not working for that employer and the employer decided to go by the book. Most big employers would do it just as a prodedure. Some would do to subsitute the underlying labor.
I have heard various things in this regard some from lawyers too, and I haven't got a clear answer on it. This provision comes from AC-21 which fails to state the above condition. There were further directives (Yates memo etc) after AC-21 to clarify various situations, unfortunately this situation wasn't answered in any of them either.
If you draw parallels from extensions granted on Labor Certification, the H1B is valid till the end of duration as long as labor remains pending. If Labor is approved or denied or subsituted the underlying H1B status is quentionable. This could mean that the extension granted is not without strings attached. This is just my opinion.
If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.
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rk07
09-25 11:32 AM
R PITCHER at 9:31am on 23rd jul 2007 at NSC
How did you got your RN and ND. Did you call USCIS? or got from your Attorney?
I filed on July 23rd and signed by R. Pitcher at 9.29 AM and no news so far.
Thanks,
-rk.
How did you got your RN and ND. Did you call USCIS? or got from your Attorney?
I filed on July 23rd and signed by R. Pitcher at 9.29 AM and no news so far.
Thanks,
-rk.
more...
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anilsal
11-30 10:11 PM
to file a new set of 485s for the new current PD when two individuals have pending 485s and a A# assigned.
The great ways of USCIS.
The great ways of USCIS.
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tabletpc
09-17 09:41 AM
Hi,
The H4 was automatically cancelled when you got your H1. This is 100% confirmed data..
You are wrong here. Unless the H1b is used and the applicant gets a paycheck on h1 ststus you cant conclude the COS from H4.
The H4 was automatically cancelled when you got your H1. This is 100% confirmed data..
You are wrong here. Unless the H1b is used and the applicant gets a paycheck on h1 ststus you cant conclude the COS from H4.
more...
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GCseeker2005
01-26 09:21 PM
Increasing of visa number will help every one including who are waiting for I 485. More visa number will make priority date move. How come they are not interested?
Suppose IV decides not to focus on I-485 filing but some other issue. By this analogy, all members with interest in I-485 will leave.
Suppose IV decides not to focus on I-485 filing but some other issue. By this analogy, all members with interest in I-485 will leave.
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yganreddy
02-04 06:31 PM
Thank you invincibleasian, I am in US right now and I am not going outside of US till third quarter. Does she need to take any proof stating that I am in US? Please suggest.
Thank you
Thank you
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priderock
06-16 05:54 PM
I am in a similar situation. I am getting married in July 4th 2007. (What a day to loose my independence) in India. I am planning to come back and file my 485 before July 30th. My spouse is going to endorse her passport and come soon after, but won't be before Aug 15th. I also wanted to know what was the time window after my filing that I could still add my spouse. I have approved I140, PD is Nov 2006.
If I were you I will get her here in July and not take a chance for SEP.
If I were you I will get her here in July and not take a chance for SEP.
techskill
05-07 03:10 PM
NO, it is not normal. My lawyers recieved the denial notice in a weeks time and they had told me that they would contact USCIS if they did not get the notice in 14 days.
Even my AP got approved on april 22nd and it was mentioned in status that the approval notice was sent on april 22nd. But again they updated the same info on May 1st.Still i havent recd the approval notice.
Even my AP got approved on april 22nd and it was mentioned in status that the approval notice was sent on april 22nd. But again they updated the same info on May 1st.Still i havent recd the approval notice.
GCplease
06-07 05:15 PM
Hi,
am e-filing my EAD renewal and I have a couple of questions.
I used Advance Parole to re-enter US. I do not maintain my H1B status. I am on EAD.
Manner of Last Entry - Is it PAR: PAROLEE
Current Immigration Status - Is it PAR: PAROLEE
People who have e-filed in the past, please let me know.
Thanks in Advance.
am e-filing my EAD renewal and I have a couple of questions.
I used Advance Parole to re-enter US. I do not maintain my H1B status. I am on EAD.
Manner of Last Entry - Is it PAR: PAROLEE
Current Immigration Status - Is it PAR: PAROLEE
People who have e-filed in the past, please let me know.
Thanks in Advance.
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