Jimi_Hendrix
11-17 12:51 AM
On passing of the nuclear deal. As you all must have read from the immigration voice newsletter, once the nuclear deal is through we will get renewed support from the Indian American caucus on our legal immigration reform needs.
Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)
Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)
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rally
07-12 10:41 AM
http://www.cnbc.com/id/19638235/site/14081545/page/2/
Condi is the boss , Emilio Gonzalez was just following orders.
We should not let condi forget her roots. Let her not forget that this country facilitated her immigrant ancestors to settle here. Being a citizen of this country, she was able to rise to this powerful position that she is now.
Condi is the boss , Emilio Gonzalez was just following orders.
We should not let condi forget her roots. Let her not forget that this country facilitated her immigrant ancestors to settle here. Being a citizen of this country, she was able to rise to this powerful position that she is now.
Munna Bhai
02-11 07:41 PM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
This is very grey area but technically you are out-of-status if I-140 is revoked but USCIS is taking too long for revoking the cases.Hence see to it that your new company goes with GC processing soon and get your I-140 approved.
Here is your situation, H1b is only for 6 years so if you are getting an extension after 6 years then there should be some proof(labor pending or I-140 approved) so if this proof goes off due to I-140 being revoked, USCIS has every reason to say that you are out-of-status but because of your H1 extension you have an I-94 which says that you are in-status. So one can fight on the basis of I-94.
Hope this helps.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
This is very grey area but technically you are out-of-status if I-140 is revoked but USCIS is taking too long for revoking the cases.Hence see to it that your new company goes with GC processing soon and get your I-140 approved.
Here is your situation, H1b is only for 6 years so if you are getting an extension after 6 years then there should be some proof(labor pending or I-140 approved) so if this proof goes off due to I-140 being revoked, USCIS has every reason to say that you are out-of-status but because of your H1 extension you have an I-94 which says that you are in-status. So one can fight on the basis of I-94.
Hope this helps.
2011 Jake Gyllenhaal
northstar1
07-26 10:59 AM
My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.
The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.
My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.
I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.
My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.
I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
more...
shreekhand
08-06 11:14 PM
Some more data points to that calculation:
There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.
Double that and you reach 528 per day at NSC + TSC only.
Not including district office and consular numbers.
Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.
If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)
1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).
Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.
There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.
Double that and you reach 528 per day at NSC + TSC only.
Not including district office and consular numbers.
Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.
If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)
1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).
Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.
shx
09-29 04:55 PM
Thanks everyone for all the responses!
more...
GCOP
03-30 02:36 PM
Sorry to learn your situation and wish you good Luck to pass the exam, next time when you will the chance of re-entry. Hopefully you will get that chance very soon. Also thanks for sharing your story. Once again, Good Luck to you.
2010 Jake Gyllenhaal and Taylor
mihird
08-19 02:21 AM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
It turned out, she actually had two 485 receipt notices..each with a different notice no. I was all the time checking her 485 status using the older receipt number, until, when we got the welcome notice. I called my attorney to seek an explanation and he told me to make sure, I was checking the latest receipt no. Once I checked the correct receipt no., the status had properly updated on the correct receipt no.
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
It turned out, she actually had two 485 receipt notices..each with a different notice no. I was all the time checking her 485 status using the older receipt number, until, when we got the welcome notice. I called my attorney to seek an explanation and he told me to make sure, I was checking the latest receipt no. Once I checked the correct receipt no., the status had properly updated on the correct receipt no.
more...
willwin
10-01 09:13 AM
Ron predicts that democrats will hold the fort after this election and that a CIR bill would pass as early as next year.
http://www.immigration-information.com/forums/showthread.php?p=24000&posted=1#post24000
I doubt this.
Also, looks like USCIS is upgrading their database in an effort to centralize all information that are currently scattered all over. This, they believe, would help them to predict number of cases, category wise, and hence predict VISA cut off dates precisely.
If this happens, I believe, the spurt of approvals that we were seeing during the last quarter of the FY, for the last 2 years, will not happen anymore.
This is good and bad. Good as applicants with older PD with get their GC. Bad, as applicants with recent PD will wait forever to file their 485.
We are in for a very long wait. And this is amidst growing economic crisis, 485 denials based on AC21 etc.
Good luck everyone!
http://www.immigration-information.com/forums/showthread.php?p=24000&posted=1#post24000
I doubt this.
Also, looks like USCIS is upgrading their database in an effort to centralize all information that are currently scattered all over. This, they believe, would help them to predict number of cases, category wise, and hence predict VISA cut off dates precisely.
If this happens, I believe, the spurt of approvals that we were seeing during the last quarter of the FY, for the last 2 years, will not happen anymore.
This is good and bad. Good as applicants with older PD with get their GC. Bad, as applicants with recent PD will wait forever to file their 485.
We are in for a very long wait. And this is amidst growing economic crisis, 485 denials based on AC21 etc.
Good luck everyone!
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sledge_hammer
03-06 02:13 PM
The state that's in your LCA
Thanks for all the information and support, I really appreciate that.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
Thanks for all the information and support, I really appreciate that.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
more...
patiently_waiting
06-18 07:17 AM
Thanks for your reply.
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nashim
04-10 11:42 AM
We wish for 3 years but as of today both EAD and AP new/extension is for one year
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eImmigJr
10-23 07:37 PM
Mine is a similiar case, would like to add more info to this post.
LCA certified as computer programmer in EB3. PD 2004.
Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.
I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).
Questions that I am not clear about is.
1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?
My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.
Gurus, please advice if this approach is correct.
Thanks in advance.
LCA certified as computer programmer in EB3. PD 2004.
Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.
I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).
Questions that I am not clear about is.
1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?
My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.
Gurus, please advice if this approach is correct.
Thanks in advance.
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nb_des
06-05 11:04 AM
"Unless you *are* a US citizen, you must choose the second option."
I think you have not read my question clearly. I suggest you read it before answering. I have not seen where the USCIS website asks for pending case numbers if we choose second option. I hope someone who has done this online can shed some light on this.
SK.
.
Has anyone succefully entered reciept numbers?
I think you have not read my question clearly. I suggest you read it before answering. I have not seen where the USCIS website asks for pending case numbers if we choose second option. I hope someone who has done this online can shed some light on this.
SK.
.
Has anyone succefully entered reciept numbers?
more...
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ramus
06-19 08:47 PM
You can take photo any where you want as long as you meet their photo specs.
If you have AAA membership try it... You will get it for free.
will any agent take photos or is there any specified location
thanks
kumar
If you have AAA membership try it... You will get it for free.
will any agent take photos or is there any specified location
thanks
kumar
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Hassan11
04-14 03:08 PM
what is the fee for I-131 is it $305 or $385? do I need to pay for the biometric fee? I already have my FP done when I applied for I-485. I sent my I-485 before the fee increase so I have to pay each time I renew EAD or apply for Travel document. Please advise. Thanks
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sunny1000
11-26 06:01 PM
Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!
Gurus please give your thoughts.
Anil
What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.
But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.
You may also want to post your query at www.immigrationportal.com
In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.
Disclaimer: this is not legal advice.
Gurus please give your thoughts.
Anil
What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.
But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.
You may also want to post your query at www.immigrationportal.com
In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.
Disclaimer: this is not legal advice.
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pappu
05-14 11:47 AM
I'm not sure what made you decide for CP. There maybe valid reasons or you maybe misguided.
I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.
I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.
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sertasheep
03-26 11:54 AM
I agree with the others. We can institute a small membership fee which interested users will be willing to pay on a monthly basis.
morchu
05-13 09:50 AM
I have no question about that. The immigration intent was proven at the time he filed 140.
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
seeking_GC
02-23 01:29 PM
Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.
-a
Yes I am using IE7 and I have the same issue. Even for the 2nd last topic I have to really scroll my mouse all over so I can find the hyperlink.
-a
Yes I am using IE7 and I have the same issue. Even for the 2nd last topic I have to really scroll my mouse all over so I can find the hyperlink.
