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Pallavi79
02-24 12:23 PM
The saga is Live Suspense Movie. :)
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yawl
07-17 12:34 AM
This is a very good one. It mentioned per-country-limit and wasted visa numbers.
visaspirant
10-21 11:50 PM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
Thanks so much Elaine!
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Thanks so much Elaine!
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
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pd052009
10-07 11:38 AM
For Dobbs: Clean your back before pointing fingers...
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uma001
06-23 09:10 AM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
I feel sorry for you. I came to US on H1 in 1998.Did not file green card and left US in 2004 came back again in 2006 on H1. Still have not filed green card.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
I feel sorry for you. I came to US on H1 in 1998.Did not file green card and left US in 2004 came back again in 2006 on H1. Still have not filed green card.
kevinkris
01-11 02:00 PM
Hi,
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
more...
buehler
09-03 05:55 PM
My friend said that opening an SR could lead to a higher probability for an RFE. Is that the case? I know it is not possible to scientifically prove it but is there any anecdotal evidence of it?
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Kapils573
02-08 12:20 AM
Priority date is May 2006,EB2
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jackisback
06-03 12:17 PM
Anyone used this to inform CIS of their AC-21 case since it was announced?
Any experiences??? I had sent this to my attorney for his inputs but got no response
Any experiences??? I had sent this to my attorney for his inputs but got no response
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bkarnik
04-04 10:36 PM
The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.
more...
crazyghoda
07-10 10:25 AM
The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.
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waitingmygc
09-09 08:16 PM
Hi YesWeWillGet,
Is your friend filed EB-2 with same EB-3 employer or different?
Now these days, three months is surprising.
Is your friend filed EB-2 with same EB-3 employer or different?
Now these days, three months is surprising.
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sertasheep
07-05 05:39 PM
ask them to quote the section of the law which makes it not legal for L1 visa holders not to participate in 401K. I am very curious to know.
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sin94
06-04 02:04 PM
Isn't this disputable by the Lawyers?
I mean fine ask questions for the company who has filed for the Visa but now going to doubt if their clients are legit 2, much.
Following the link is even more disturbing about the guest comment preparing to answer the RFE where CIS is asking for floor plan OF THE CLIENT.
disturbing trend if true.
I mean fine ask questions for the company who has filed for the Visa but now going to doubt if their clients are legit 2, much.
Following the link is even more disturbing about the guest comment preparing to answer the RFE where CIS is asking for floor plan OF THE CLIENT.
disturbing trend if true.
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amitga
03-27 10:23 PM
I think its a typo and you should contact USCIS through your lawyer and get this problem corrected to avoid any problems later.
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chakrijs
02-15 01:07 AM
Hello All
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
more...
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beautifulMind
02-24 09:03 AM
Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.
No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140
No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140
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pappu
10-02 05:35 PM
done
thanks Nycgal for sending the mail.
Only one member has sent the email today.! We need everyone's participation in order to make things happen for us. Each media article is important for us and creates awareness for our cause. When each member participates in our effort we are sure to get better results.
thanks Nycgal for sending the mail.
Only one member has sent the email today.! We need everyone's participation in order to make things happen for us. Each media article is important for us and creates awareness for our cause. When each member participates in our effort we are sure to get better results.
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trueguy
08-11 11:30 AM
It will be easy to reconcile if some one creates a single polling post from 2001 to 2008
That someone could be you as well.
Anyways, I started a new thread for 2001 to 2008. Please vote here:
http://immigrationvoice.org/forum/showthread.php?t=20798
That someone could be you as well.
Anyways, I started a new thread for 2001 to 2008. Please vote here:
http://immigrationvoice.org/forum/showthread.php?t=20798
andhrawala
08-22 09:17 AM
Hi overseas,
I am in the same dilemma as you. I am in OH and according to my jurisdiction I have to apply in Nebraska Service center. Now, my I-485 application has been transferred to Texas.
I called the uscis customer service and they said to file in Texas as my 485 is pending there.
So, I am really confused here. Any help will be greatly appreciated
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
I am in the same dilemma as you. I am in OH and according to my jurisdiction I have to apply in Nebraska Service center. Now, my I-485 application has been transferred to Texas.
I called the uscis customer service and they said to file in Texas as my 485 is pending there.
So, I am really confused here. Any help will be greatly appreciated
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
Blog Feeds
02-08 06:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgpK62sX0cYvOYaZY18KhelAnl33-7538VuzRgy8FRPXc9yp7ZeA7xJ2nZi4ltxjyIniG_6yxBQbsxhMdKijxb5Col5CSvigDeYtmKuzvALovb5LDb7K8fD35z6alttz_pnldbnefKg_KQ/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgpK62sX0cYvOYaZY18KhelAnl33-7538VuzRgy8FRPXc9yp7ZeA7xJ2nZi4ltxjyIniG_6yxBQbsxhMdKijxb5Col5CSvigDeYtmKuzvALovb5LDb7K8fD35z6alttz_pnldbnefKg_KQ/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgpK62sX0cYvOYaZY18KhelAnl33-7538VuzRgy8FRPXc9yp7ZeA7xJ2nZi4ltxjyIniG_6yxBQbsxhMdKijxb5Col5CSvigDeYtmKuzvALovb5LDb7K8fD35z6alttz_pnldbnefKg_KQ/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgpK62sX0cYvOYaZY18KhelAnl33-7538VuzRgy8FRPXc9yp7ZeA7xJ2nZi4ltxjyIniG_6yxBQbsxhMdKijxb5Col5CSvigDeYtmKuzvALovb5LDb7K8fD35z6alttz_pnldbnefKg_KQ/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
