sidbee
01-02 02:09 PM
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
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eb3retro
09-14 03:50 PM
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.
glus
04-29 10:54 AM
Hello,
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
NO, it will NOT affect you I-485.
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
NO, it will NOT affect you I-485.
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Desi Unlucky
09-22 06:37 AM
I'm pledging that i would get two more members added in a week's time. Would like to see that all the other 5990 members take a similar pledge. There were 3 threads started in the last couple of days "Welcome to new members", "Immigration voice needs your help", "Goal: Bring atleast one new member". I observed that the last posted thread shows up as the first hyperlink on the right side when someone logs into iv.org and was dreaming that either of the above mentioneed threads will be the most active threads. But soon realised and sadened that it is not the case. The current energy levels of the members (but for a handful) are not really encouraging.
If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.
One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.
2/10 got registered after reading my mail.
4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
At the end of the conversation they seemed interested in registering and got registered.
Working on the remaining 4.
Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.
Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)
Keep the pledges and registrations coming !!!!!!!
If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.
One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.
2/10 got registered after reading my mail.
4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
At the end of the conversation they seemed interested in registering and got registered.
Working on the remaining 4.
Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.
Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)
Keep the pledges and registrations coming !!!!!!!
more...
gcwanted101
09-02 08:44 AM
I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?
you can mention what all you need in your application. go to the link (http://www.uscis.gov/files/form/g-639.pdf) and www.uscis.gov/foia (http://www.uscis.gov/foia)
You can find all detail.
you can mention what all you need in your application. go to the link (http://www.uscis.gov/files/form/g-639.pdf) and www.uscis.gov/foia (http://www.uscis.gov/foia)
You can find all detail.
kiran_k02
11-28 06:09 PM
I filed my AP renewal online, I used my discover to pay my dues.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
more...
mihird
05-17 07:10 PM
My company paid for it, but I did get to see the break up of the charges...I think, PERM is pretty complicated to file...
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sanz
03-31 12:07 PM
Sen. Grassley calls for new L-1 visa probe
Raises concern that a 2006 report on L-1 visa was ignored
WASHINGTON -- U.S. Sen. Chuck Grassley (R.-Iowa) has asked the U.S. Department of Homeland Security (DHS) inspector general to investigate the L-1 visa program, saying he is increasingly concerned about loopholes in it.
Grassley on Tuesday released a letter to Charles Edwards, the DHS inspector general, asking him to dust off a 2006 inspector general report about the visa program and find out why the report's recommendations "were never implemented."
Grassley, who has been pressing for reforms of the H-1B visa, said he wants to find out the number of L-1 visa holders now living in the U.S.
The L-1 is used for multinational companies to bring employees into the U.S. and doesn't have has many restrictions as the H-1B visa, such as a prevailing wage requirement.
In his letter, Grassley wrote that "there's growing concern by many experts that companies are turning to L visas when the supply of H-1B visas are low. There is also a general consensus that L visas are being used to bring in 'rank and file' employees rather than top-level professionals with truly 'specialized knowledge.'" Specialized knowledge usually means advanced knowledge or expertise in a field.
In the 2006 study, the DHS's inspector general report referred to the L-1 visa as "the computer visa." It reported that from 1999 to 2004, nine of the 10 firms that petitioned for the most L-1 workers were computer and IT-related outsourcing service firms that specialized in labor from India. The number of L-1 petitions approved from 1995 to 2005, in most years, was just over 40,000. In 2001, nearly 60,000 were approved.
The report also found that the visa program was vulnerable to abuse and made several recommendations, including requiring immigration enforcement officers to assist in "checking the bona fides" of L visa petitions; putting in place a process for overseas verification of a petition; and clarifying what was meant by specialized knowledge, a requirement for the visa similar to what is asked for in H-1B visas.
Grassley said he wanted another look at the program because, "I have grown increasingly concerned that loopholes within the L-1 visa program have led to manipulation and broad overreach by those who use the program and have resulted in a great deal of fraud and abuse within the program
Raises concern that a 2006 report on L-1 visa was ignored
WASHINGTON -- U.S. Sen. Chuck Grassley (R.-Iowa) has asked the U.S. Department of Homeland Security (DHS) inspector general to investigate the L-1 visa program, saying he is increasingly concerned about loopholes in it.
Grassley on Tuesday released a letter to Charles Edwards, the DHS inspector general, asking him to dust off a 2006 inspector general report about the visa program and find out why the report's recommendations "were never implemented."
Grassley, who has been pressing for reforms of the H-1B visa, said he wants to find out the number of L-1 visa holders now living in the U.S.
The L-1 is used for multinational companies to bring employees into the U.S. and doesn't have has many restrictions as the H-1B visa, such as a prevailing wage requirement.
In his letter, Grassley wrote that "there's growing concern by many experts that companies are turning to L visas when the supply of H-1B visas are low. There is also a general consensus that L visas are being used to bring in 'rank and file' employees rather than top-level professionals with truly 'specialized knowledge.'" Specialized knowledge usually means advanced knowledge or expertise in a field.
In the 2006 study, the DHS's inspector general report referred to the L-1 visa as "the computer visa." It reported that from 1999 to 2004, nine of the 10 firms that petitioned for the most L-1 workers were computer and IT-related outsourcing service firms that specialized in labor from India. The number of L-1 petitions approved from 1995 to 2005, in most years, was just over 40,000. In 2001, nearly 60,000 were approved.
The report also found that the visa program was vulnerable to abuse and made several recommendations, including requiring immigration enforcement officers to assist in "checking the bona fides" of L visa petitions; putting in place a process for overseas verification of a petition; and clarifying what was meant by specialized knowledge, a requirement for the visa similar to what is asked for in H-1B visas.
Grassley said he wanted another look at the program because, "I have grown increasingly concerned that loopholes within the L-1 visa program have led to manipulation and broad overreach by those who use the program and have resulted in a great deal of fraud and abuse within the program
more...
Hermione
09-25 03:52 PM
My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......
As soon as she starts using her EAD, she will lose her H4 status and will be in authorized presence. That is kind of a temporary presence based on her pending I-485 (neither EAD nor AP provide any additional status), which is not status, but perfectly legal. When she travels with AP, she may either get admitted as H4 again (and lose it again when she starts working), or she may be paroled into the US, which means that she will be in authorized presence.
As soon as she starts using her EAD, she will lose her H4 status and will be in authorized presence. That is kind of a temporary presence based on her pending I-485 (neither EAD nor AP provide any additional status), which is not status, but perfectly legal. When she travels with AP, she may either get admitted as H4 again (and lose it again when she starts working), or she may be paroled into the US, which means that she will be in authorized presence.
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jazzy2
05-25 08:50 AM
Hi
directly spoke with the staff of Sen. larry craig....
directly spoke with the staff of Sen. larry craig....
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pboy
03-25 02:48 PM
When I traveled to Hyd, my luggage went missing. They found that the connecting flt to JFK didn't deliver the bags to Emirates. I got that after 2 days. But they gave me $50 at Hyd and also amount equivalent 2 2nd AC train tickets to my District. They have really good shops at Dubai airport.
One of my friends took a tourist Visa and went to visit Dubai on this return trip to US. He was sent to additional screening at JFK after seeing Dubai visa in his PP. No problems at the end. This is just an info.
One of my friends took a tourist Visa and went to visit Dubai on this return trip to US. He was sent to additional screening at JFK after seeing Dubai visa in his PP. No problems at the end. This is just an info.
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punjabi
10-23 03:50 PM
If you get laid off, find a company at a rate that will meet your minimum LCA wages requirement for H1B (W2) or EAD (I will approximate the wages mentioned in labor document). I think you have 30 days of buffer, but I will find something right away.
There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.
really need to know this based on the market situation.
There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.
really need to know this based on the market situation.
more...
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vin13
01-16 01:28 PM
You may be right on that.
But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.
But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.
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pash02
05-26 11:37 AM
Thanks to IV core members, QGA, senators and their staff.
Kudos to Immigration Voice!
Kudos to Immigration Voice!
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GCAmigo
08-03 12:21 PM
FIFO - FirstInFirstOut & LIFO - LastInFirstOut
Folks at USCIS follow a random method ie AIAO - AnytimeInAnytimeOut.
Enjoy the wait!
Folks at USCIS follow a random method ie AIAO - AnytimeInAnytimeOut.
Enjoy the wait!
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centaur
03-27 05:45 PM
You need to get another attorney, first and foremost. Sorry its a bit harsh, but it's for your best. There might be problems later and you need to ask yourself-- is this attorney (who apparently didnot go through the case before filing) giving you what you paid for?
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
more...
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sravani
05-22 04:57 PM
New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.
If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..
Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....
So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...
Sree
What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.
They also banned the labor substitution premium processing over night without any notice. :rolleyes:
Now with this new bill drama we can't predict anything.
If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..
Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....
So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...
Sree
What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.
They also banned the labor substitution premium processing over night without any notice. :rolleyes:
Now with this new bill drama we can't predict anything.
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learning01
05-24 05:27 PM
From Bllomberg Update on CIR in Senate:
................
White House Deputy Chief of Staff Karl Rove today spoke for the second time in two weeks at a private meeting of House Republicans to seek a compromise between the Senate and the House.
Rove, during his appearance, heard complaints from representatives who oppose the Senate's immigration proposal, according to lawmakers who attended.
``Even I, optimistic as I am about a lot of things around here, see an immigration bill -- with so few calendar days left - - hard to reconcile,'' said Representative Mark Foley, a Florida Republican who attended the meeting.
Majority
Ron Bonjean, a spokesman for House Speaker Dennis Hastert, said Hastert won't move a final compromise measure to the House floor unless it is supported by a majority of the House's 231 Republicans -- not a majority of all House members.
``The speaker believes in passing an immigration bill with a majority of the majority,'' Bonjean said.
Former House Majority Leader Tom DeLay told reporters that passage of a final measure may be helpful in fall elections in which Republicans have ``the wind in our face'' as they work to keep control of the House.
LINK (http://www.bloomberg.com/apps/news?pid=10000087&sid=aGou1DNa_4Ic&refer=top_world_news) at Bloomber.com
Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?
................
White House Deputy Chief of Staff Karl Rove today spoke for the second time in two weeks at a private meeting of House Republicans to seek a compromise between the Senate and the House.
Rove, during his appearance, heard complaints from representatives who oppose the Senate's immigration proposal, according to lawmakers who attended.
``Even I, optimistic as I am about a lot of things around here, see an immigration bill -- with so few calendar days left - - hard to reconcile,'' said Representative Mark Foley, a Florida Republican who attended the meeting.
Majority
Ron Bonjean, a spokesman for House Speaker Dennis Hastert, said Hastert won't move a final compromise measure to the House floor unless it is supported by a majority of the House's 231 Republicans -- not a majority of all House members.
``The speaker believes in passing an immigration bill with a majority of the majority,'' Bonjean said.
Former House Majority Leader Tom DeLay told reporters that passage of a final measure may be helpful in fall elections in which Republicans have ``the wind in our face'' as they work to keep control of the House.
LINK (http://www.bloomberg.com/apps/news?pid=10000087&sid=aGou1DNa_4Ic&refer=top_world_news) at Bloomber.com
Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?
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amitkhare77
11-16 12:19 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
Thank you for your reply.
Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.
Or can I go out of USA and get back on the same revious H4 stamping?
Thanks,
Arpu
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
Thank you for your reply.
Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.
Or can I go out of USA and get back on the same revious H4 stamping?
Thanks,
Arpu
Jyothi
12-12 04:23 PM
insted of using "U" they change the date to Jan 2000
mps
09-06 11:46 PM
Wow ! This is going to kill real estate market for sure !
I know my friends who live in apartment here in US but they have purchased investment properties in India.
Certain metros had seen unprecedented zoom in real estate prices which was heavily supported by NRI money especially returning IT workers.
I know my friends who live in apartment here in US but they have purchased investment properties in India.
Certain metros had seen unprecedented zoom in real estate prices which was heavily supported by NRI money especially returning IT workers.
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