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RajWantsGC

05-21 11:19 AM

well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.

browncow, thats what I heard from IO in info pass that we can file EAD when appeal/MTR is pending with uscis and I485 is in denied status. Do you know that any has got EAD based on the above scenario?

Thanks
Raj

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Jaime

09-04 10:46 AM

http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=outsourcing&articleId=9033819&taxonomyId=72&intsrc=kc_feat

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mugwump

12-07 04:41 PM

I was worried because in the application, the admissions advisor was asking em to fill SSN & Visa status information. I was a bit worried to give that information if that is going to be voilated in any way.

You will be fine, i am on H1 and doing my MS part time!!

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neodyn55

07-30 11:45 PM

If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.

Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.

Lighten up.

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gc_check

01-19 09:06 PM

Every other year, there is election and only this damn. election drives what is done and what is not done in congress year after year. The good old time, bills are passed that are important and good for the general people and this some times was not popular, but now only the issues popular are are being taken and rather than voting on what is good, the law makers tend to go with what people like, and people's likes and dislikes keep changing and the same change work against them sometimes. Also people on one area does not like what is liked in other area and when we have a product that contains both, well the same people now unite and start to not like the final product and this goes on ..... It is same CHANGE that President Obama mentions too often, but the same change is Now liked by Republicans, and Dems did not like the change this time around. Also with the communication revolutions, the election campaign seems to have become much much long.... And Oh !! Well... now our President apart from Health Care Reform, Immigration Reform and climate change issue, also need to work on his re-election from now on, if he doesn't want the change he loves some much, in White House in 2012 election... HOPE - at least people in this group, see CHANGE for better, CHANGE from AOS to LPR .... Now, let us see what will this loss of filibuster majority by Dems do in the interim.... Only time can tell. Change we can believe in !!!

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Berkeleybee

04-06 03:41 PM

Before you get carried away please note that even in the Specter Bill people filing for status under Title VI have to

(a) Wait for the PDs that are pending when the Act passes to become current.

(b) If the current PDs do not become current in 6 years -- their applications will be "held in abeyance" till the PDs PDs that are pending when the Act passes to become current.

I take the "held in abeyance" to mean that they might get I-485 filing privileges at that point but those applications will not be adjudicated.

So you will not really get your green card after 6 years -- you'll be pending till all current PDs become current. Given that family PDs are still back in 1983 per the April 2006 bulletin, they won't be getting their green cards any time soon.

The parity issue is really that Title VI recognizes that

(1) worldwide and per-country quotas make no sense -- and yet, the immigrants who go through the arduous labor cert process that protects the American worker are subject to per-country quotas.

(2) Workers should be mobile and be able to self-petition -- yet skilled workers going through the labor cert process are tied to employer AND job description for years.

best,
Berkeleybee

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gc007

11-19 04:47 PM

Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?

My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.

SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?

Thank you.

My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.

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Berkeleybee

04-07 09:03 PM

About the appeasability of Sensenbrenner check out :

http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168

My favorite bit is the one in where the article says about Sensenbrenner

"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."

I very much doubt that he will be swayed by faxes. ;-)

best,
Berkeleybee

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raj3078

02-09 09:53 AM

I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights

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Beta_mle

02-20 12:58 PM

Thanks for the replies, I appreciate the time.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.

My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

Thanks for the insight.

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sangeethak31

07-13 05:51 PM

Required documents for H1B Visa renewal lists the previous employers experience letter...

Please advise me....

Thanks,
Sangeetha K

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Marphad

01-12 12:14 PM

All,

Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

Thanks

This is absolutely illegal. Never never do this.

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GCcomesoon

08-25 04:38 PM

Hi

My approval happened on April 24th , 2008 . I got the physical card on 08/03/08.

Here are the case details

Thanks

GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
my case - I131 - approved - 7/24/07
spouse case - I131- approved- 09/12/07
EAD approved for spouse - 08/20/07
EAD approved - 10/25/2007 - for me
LUD in my case - 485, - 7/11/07, 11/02/2007,11/28/2007,11/29/2007
LUD in 485 case for spouse - 10/04/2007 ( after FP ), LUD - 11/14/2007,11/28/2007,11/29/2007
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
FP scheduled - 12/12/2007 -
Case approval for me (email ) - 04/24/08
FP( for 485 ) -05/17/08
Physical card- 08/03/08
Wife 's case is still pending & no updates.. ( raised a SR , would follow up next month )

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onemorecame

07-25 11:45 AM

Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:

Good Calculation

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gc28262

04-08 06:27 AM

Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?

This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.

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pcs

01-21 05:10 PM

Please send email invitations to different associations though this link.....

http://www.going2usa.com/education/isa.html


This should get us a lot of young members

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simple1

10-06 03:57 PM

smuggymba, every one knows you are an anti immigrant. dont waste time here with fake posts.

Why should I make the fact gaps public and train anti immigrants like you ?

simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.

H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?

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ssharma

04-27 01:36 PM

Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :

Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?

A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html

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saimrathi

08-10 05:42 AM

Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)

Para. 4

http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html

An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.

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vejella

08-01 01:40 PM

I have seen many cases where the GC is given to primary applicant and none of his /her benificiaries got GC and otherwise , even though their name checks are cleared.

My Guess is for x number of GCs processed during last week of june, most of the 2008 quota is consumed by their benificiaries just to clean up the mess.

For the retrogressed countries /categories with thighter quota restrictions , i would not be too much hopefull for atleast couple of years.


Just MY 2Cents

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abhaykul

05-04 02:05 PM

Guys,

1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.


Abhay

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