rajuram
08-21 12:19 AM
#4 in my post, was just to lighten the mood. Other things are definately worth considering.
Having been in these forums for years now...I know that IV cannot do much about retrogression until president decides to push for CIR. That may be at least 1 year away, if not more. Recapture of visa numbers is also next to impossible in this economy.
But somethings that may be worth trying in the interim are -
1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.
2. Longer duration AP.
3. Fee reduction for 2nd & subsequent renewal of EADs and APs.
4. An apology from USCIS for the delay!!
Having been in these forums for years now...I know that IV cannot do much about retrogression until president decides to push for CIR. That may be at least 1 year away, if not more. Recapture of visa numbers is also next to impossible in this economy.
But somethings that may be worth trying in the interim are -
1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.
2. Longer duration AP.
3. Fee reduction for 2nd & subsequent renewal of EADs and APs.
4. An apology from USCIS for the delay!!
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vivache
09-21 05:42 PM
"Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."
Unintelligent question :).
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)
Unintelligent question :).
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)
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snathan
03-31 08:45 PM
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.
When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.
When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.
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fall2004us
09-14 03:50 PM
listening.......
great job IV....
great job IV....
more...
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dtekkedil
07-05 02:21 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
My guess is that this was done by the Bush Govt! So that there would be an outcry and he can get his CIR bill back into the senate. I hope it works!
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
My guess is that this was done by the Bush Govt! So that there would be an outcry and he can get his CIR bill back into the senate. I hope it works!
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krishmunn
01-24 02:40 PM
Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??
Thanks,
Prasad.
Probably around April 2007. I was hoping it will clear till July 2007 but does not look like
Thanks,
Prasad.
Probably around April 2007. I was hoping it will clear till July 2007 but does not look like
more...
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JunRN
08-21 11:51 AM
I've never done AR-11 myself because atty. is doing it for me...but when I looked at the on-line AR-11, Change of Address...A# is optional, meaning you do not need to input something on it. I think it was pretty easy to do it.
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GCWarrior
04-16 02:38 PM
I hope so too. I donot know the difference between MTR or Appeal and heard Appeal gives more rights than MTR. Any ideas on which route to take?
Thanks
Thanks
more...
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john2255
10-20 06:24 AM
Look at the profile...... join date and no. of posts.
So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.
When I was active I always did my best to share my knowledge and help the people.
I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.
I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.
So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.
When I was active I always did my best to share my knowledge and help the people.
I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.
I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.
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smuggymba
03-22 03:12 PM
hpandey,
Thank you for your reply. Yes, new H-1B comes with new I-94.
The new 194 should have a date...if u filed extension before expiry of previous 194...i dont see any problem.
Thank you for your reply. Yes, new H-1B comes with new I-94.
The new 194 should have a date...if u filed extension before expiry of previous 194...i dont see any problem.
more...
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monkeyman
10-05 12:46 PM
My wife is still waiting for her AP - Could anyone tell me how to determine the progress on AP - she has her EAD Card though!!!
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GCard_Dream
07-10 02:37 PM
Appu:
What do you mean by "Both TB Test"? Did you mean skin test and X-ray? If so, is X-ray mandatory? I thought X-ray was optional depending on what the test result of the skin test. In other words, you don't have to have a X-ray if the skin test was negative. Would you please clarify.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
What do you mean by "Both TB Test"? Did you mean skin test and X-ray? If so, is X-ray mandatory? I thought X-ray was optional depending on what the test result of the skin test. In other words, you don't have to have a X-ray if the skin test was negative. Would you please clarify.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
more...
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zCool
12-21 09:49 AM
There are some companies that enter into agreements with ppl like that. Of course it is not legal and of course it's exploitative and predatory.. but depends what was decided.. If his employer offered with 100K on paper but talked abt this type of arrangement verbally (assuming he got sub labor at the same time ) it might make sense.. in any other case.. he's getting ripped off and better that he sues the employer.. merely credible threat of lawsuit should make the company pay..
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memyselfandus
09-25 11:09 AM
can IV focus on this...instead of the recapture?
am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!
I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...
am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!
I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...
more...
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RiaonH4
01-18 10:30 AM
There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
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Sakthisagar
06-11 11:35 AM
Having a "current" priority date, however, does not assure that a case will be adjudicated. The CIS, despite policy pronouncements to the contrary, clearly does not process cases on a "first in, first out" basis. Indeed, there does not appear to be any rational basis for their case selection scheme. The CIS Ombudsman has accused them of "picking the low hanging fruit" - meaning that they take "easy" cases in preference to "harder" cases, no matter when filed.
Applicants should not reasonably expect the CIS to adjudicate their pending adjustment of status applications shortly after their priority dates become current. Understand that when your priority date becomes current, that is just the start of the fight. You need to initiate vigorous inquiries through the CIS Ombudsman's office, the office of one of your Senators or your Congressman, and your own written inquiries and InfoPass appointment inquiries. Do not sit back and assume that they will do the right thing. Get on them and stay on them until your case is adjudicated.
Most important of all, do not simply assume that when your priority date becomes current, your case will be approved.
Applicants should not reasonably expect the CIS to adjudicate their pending adjustment of status applications shortly after their priority dates become current. Understand that when your priority date becomes current, that is just the start of the fight. You need to initiate vigorous inquiries through the CIS Ombudsman's office, the office of one of your Senators or your Congressman, and your own written inquiries and InfoPass appointment inquiries. Do not sit back and assume that they will do the right thing. Get on them and stay on them until your case is adjudicated.
Most important of all, do not simply assume that when your priority date becomes current, your case will be approved.
more...
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Texascitypaul
02-23 06:15 PM
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Thank you for your time it is very much appreciated,
Paul
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Thank you for your time it is very much appreciated,
Paul
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JunRN
12-18 08:07 AM
AC21 is quite tricky. There is no hard and fast rule that if the ONET number is similar, USCIS will automatically rule in favor of the change. IO's will still look at the details of each job requirements and will check if it matches the requirements in the Labor Certification.
ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.
ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.
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arun_psu
12-08 10:53 PM
I have the following visa stampings F1(1998 Chennai), H1B(2002 Chennai), F1(2006 Matamaros) and am currently on H1B (not the 2002 company). Am I eligible for stamping in one of the border posts?
thanks
arun
thanks
arun
jonty_11
10-06 12:48 PM
I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
My 2 cents.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
My 2 cents.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
fastergcwanted
07-18 09:19 AM
See below:
Taken from www.immigration-law.com
07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future
The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!
Taken from www.immigration-law.com
07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future
The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!
