desi485
11-24 05:48 PM
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
ak_2006
04-30 02:59 PM
Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
virtual55
04-18 09:02 AM
if you have both H1B and EAD they both are valid work authorizations and you can work with both of them as long as they are valid and AILA thinks that we can moonlight with EAD while working on H1B and they asked the same question to USCIS and also there is no way for USCIS to track if you are working on H1B and EAD as far I know.
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
Ramba
10-24 01:48 PM
Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.
more...
diptam
08-13 02:57 PM
Mine reached at 11:34 am & signed by B GERKENSMEYER - Nothing so far.
Why you should file again ?
Thanks for Prompt reply.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
Why you should file again ?
Thanks for Prompt reply.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
piyu7444
04-14 01:35 AM
As soon as you use EAD you will lose h1b for sure.......Moonlighting is something you would want to explore but the way USCIS explains it and define it.......it might be a big risk to take by using EAD but this is just me........
more...
ajm
05-25 08:16 AM
Opening a new thread to discuss the Gregg amendment which passed the Senate yesterday.
greyhair
05-19 07:46 AM
Another way to look at this - Someone in Eb-3 China is filing lawsuit to take away green card numbers from India.
I am very interested in reading the contents of this lawsuit because I suspect it argues that less visa numbers are allocated to China which means the lawsuit is saying more visa numbers are allocated to another country, which is most likely India. So the lawsuit is saying stop allocating as much visas to India.
People in this forum are blinded by their bias towards USCIS. Anytime anyone says or does anything against USCIS, this group tends to have a predictable reaction applauding the act. People running immigration businesses are very clever. Some of them have figured this out. That is why specific lawyers send out newsletters which literally belittle everything USCIS. Everyone here go estatic jumping with joy to see this lawyer berate USCIS in newsletters. All that he is doing is pandering to his customer base, even when behind the scene he is actually licking the boots of USCIS.
My take is - it is not a good idea to jump the gun every time USCIS is sued because last time someone said "Hindi-Chini Bhai Bhai", it did not turn out well for Indians.
I am very interested in reading the contents of this lawsuit because I suspect it argues that less visa numbers are allocated to China which means the lawsuit is saying more visa numbers are allocated to another country, which is most likely India. So the lawsuit is saying stop allocating as much visas to India.
People in this forum are blinded by their bias towards USCIS. Anytime anyone says or does anything against USCIS, this group tends to have a predictable reaction applauding the act. People running immigration businesses are very clever. Some of them have figured this out. That is why specific lawyers send out newsletters which literally belittle everything USCIS. Everyone here go estatic jumping with joy to see this lawyer berate USCIS in newsletters. All that he is doing is pandering to his customer base, even when behind the scene he is actually licking the boots of USCIS.
My take is - it is not a good idea to jump the gun every time USCIS is sued because last time someone said "Hindi-Chini Bhai Bhai", it did not turn out well for Indians.
more...
waiting4gc
08-20 12:58 PM
As far as possible, I would strongly suggest to stay away from small consulting companies. These typically pay you only when you are on project and that too after taking a huge cut from your billing rate. For e.g. it is very common for such a company to bill $80-100/hr i.e. $160-200K annually for an employee but pay the employee between $50-70K only.
Also I have heard horror stories of delayed payrolls, h1 not being given to employee fearing that the employee might change jobs and so forth.
However if you are strong of heart, and can negotiate well, you might be able to make more money. For e.g. if you already have EAD, you are not bound to them. Thus you can always say that you want 80% of billing rate or else no deal. :)
Also I have heard horror stories of delayed payrolls, h1 not being given to employee fearing that the employee might change jobs and so forth.
However if you are strong of heart, and can negotiate well, you might be able to make more money. For e.g. if you already have EAD, you are not bound to them. Thus you can always say that you want 80% of billing rate or else no deal. :)
synergy
12-11 01:15 PM
I agree with this....File a new labour and you need to get the 140 approved. Once it is approved ,you can reclaim your old priority date for 485.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
more...
h1-b forever
05-11 10:48 AM
yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.
This is good news. When did you apply and where did you apply for EAD? Are you considering to going to DC on June 7 and 8?
This is good news. When did you apply and where did you apply for EAD? Are you considering to going to DC on June 7 and 8?
GCard_Dream
11-30 09:39 PM
Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
more...
indianabacklog
06-10 01:45 PM
Thanks for encouragement,
It's always scary the first time. : )
Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.
Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?
thanks again,
NS
I did not get the case number from the hard copy but the electronic copy which I can access from my online account information.
I did write my husbands A# on the back of the photo in pencil if I remember rightly but just so that it did not push through the imprint on the photo itself.
Believe in yourself. I filed both mine and my spouse's adjustment of status packet myself and we have our green cards without any requests for evidence. If you have read the instructions and followed them, filled all the blank spaces in on the form and supplied all the other documents etc that are needed you are doing fine. If the USCIS needs anything else they will ask for it.
It's always scary the first time. : )
Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.
Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?
thanks again,
NS
I did not get the case number from the hard copy but the electronic copy which I can access from my online account information.
I did write my husbands A# on the back of the photo in pencil if I remember rightly but just so that it did not push through the imprint on the photo itself.
Believe in yourself. I filed both mine and my spouse's adjustment of status packet myself and we have our green cards without any requests for evidence. If you have read the instructions and followed them, filled all the blank spaces in on the form and supplied all the other documents etc that are needed you are doing fine. If the USCIS needs anything else they will ask for it.
anzerraja
07-20 03:17 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
more...
hpandey
03-17 02:44 PM
I was informed that without I-94 card she cannot be added to my insrurance.
Can anyone suggest me some good insurance I can take online/india for this kind of situation...???
Thanks
I have never seen anyone asking for an I-94 card to get your wife added to your insurance.If you are an employee going through employers insurance then they have to add you and your family to the insurance coverage without any discrimination . That is as far as I know . Maybe I could be wrong but I am pretty sure about it. You can take her insurance without she being here . I recently changed my coverage this month for myself and my family and its start date was the same day I submitted the forms and not the 1st of next month or something like that.
Can anyone suggest me some good insurance I can take online/india for this kind of situation...???
Thanks
I have never seen anyone asking for an I-94 card to get your wife added to your insurance.If you are an employee going through employers insurance then they have to add you and your family to the insurance coverage without any discrimination . That is as far as I know . Maybe I could be wrong but I am pretty sure about it. You can take her insurance without she being here . I recently changed my coverage this month for myself and my family and its start date was the same day I submitted the forms and not the 1st of next month or something like that.
asanghi
07-17 06:44 PM
Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..
Yes Shawine, you are right. In fact irrespective of IV's belief that likes of Lou Dobbs' can be ignored, I believe that they actually do significant damage in terms of swaying Americans away from our cause. I think it is essential to counter their agenda.
In fact am currently trying to find out how to set up an H1B fact check database wiki. Does someone know how to set up a free wiki?
Yes Shawine, you are right. In fact irrespective of IV's belief that likes of Lou Dobbs' can be ignored, I believe that they actually do significant damage in terms of swaying Americans away from our cause. I think it is essential to counter their agenda.
In fact am currently trying to find out how to set up an H1B fact check database wiki. Does someone know how to set up a free wiki?
more...
mchundi
12-17 08:42 PM
Most of the states had processed RIR cases till May 2002. N.J (05/2002) and
NY (10/2001) before all the applications were sent to BEC. So most of the
Applicants with these dates must have already got their Green Cards . Some of my friends with these dates have already got their GC some 1 year back.
It is Non-RIR cases which had 04/2001 processing times with NJ , NY being the states which were backlogged. It is these applications which would be
causing these delays. How many percentage of EB1 , EB2 , EB3
(Employement Category) applications might be in this process. ? If there are
less number of applications then Processing Dates may move forward to
2002 / 2003 for India.
Based on the serial numbering in the pre BEC scheme, there are an average of 1k-2k peteions from california alone for the 2002/2003 years. Many Indians amongst them. Thanks the BEC's most of them locked their PD's (hopefully).
If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act. But if they did that it wud not have moved to 2003 at all. So nobody really knows their formula.
Unless the state dept releases the statistics for the fiscal year 2006, we dont know what actually is happening. One thing though, they need to further break down the ROW EB3 and establish cutoff dates for other countries as well.
What about EB-3 (Inda). Hopefully it will move to 2002 very soon. After that i think it has better chances of moving up than EB-2 (India) if the USCIS is following the strict 7% limit.
NY (10/2001) before all the applications were sent to BEC. So most of the
Applicants with these dates must have already got their Green Cards . Some of my friends with these dates have already got their GC some 1 year back.
It is Non-RIR cases which had 04/2001 processing times with NJ , NY being the states which were backlogged. It is these applications which would be
causing these delays. How many percentage of EB1 , EB2 , EB3
(Employement Category) applications might be in this process. ? If there are
less number of applications then Processing Dates may move forward to
2002 / 2003 for India.
Based on the serial numbering in the pre BEC scheme, there are an average of 1k-2k peteions from california alone for the 2002/2003 years. Many Indians amongst them. Thanks the BEC's most of them locked their PD's (hopefully).
If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act. But if they did that it wud not have moved to 2003 at all. So nobody really knows their formula.
Unless the state dept releases the statistics for the fiscal year 2006, we dont know what actually is happening. One thing though, they need to further break down the ROW EB3 and establish cutoff dates for other countries as well.
What about EB-3 (Inda). Hopefully it will move to 2002 very soon. After that i think it has better chances of moving up than EB-2 (India) if the USCIS is following the strict 7% limit.
kanyewest
04-22 11:39 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
eb3_nepa
02-12 11:34 AM
I am in Philadelphia so i would assume Vermont center. Is that a fair assumption, coz i have a previous I-140 and to the best of my knowledge it had gone to the Vermont center back then.
However back in the day there was no premium processing for I-140 so things may have changed :(
Has anyone in the North east USA recently received any approvals from the Vermont center?
However back in the day there was no premium processing for I-140 so things may have changed :(
Has anyone in the North east USA recently received any approvals from the Vermont center?
eyeopeners05@yahoo.com
04-30 01:40 PM
Hiring firm does not know anything about AC21 and so how do I guide their attorney ? What points should i specify to him to start my app ?
ysnraju
12-05 11:01 PM
In my case I have only one LUD after fingerprinting and then on 30 Nov 2007
again LUD I485 Card production ordered.
same with my spouse also.
_______________________
LUDs on Current Status of I485:
30 Nov 2007 : Card production ordered .
02 Dec.2007 : Card production ordered .
04 Dec 2007 : Approval notice sent.
For Both Self and Spouse.
Labor Filing Date: 27 Feb 2004
Service Center: Nebraska
Category: EB2
Application Mailed: 04 Jun 2007
USCIS Received Date: 05 Jun 2007
USCIS Notice Date: 14 Jun 2007
Filing Type: non-concurrent
I-140 Processing: regular
I-140 Approval Date: March 02, 2007
Fingerprinting Date : 15 Aug 2007
RFE: no
EAD Approval Date: 08 Sep 2007
AP Approval Date: 13 Sep 2007
Nationality: India
again LUD I485 Card production ordered.
same with my spouse also.
_______________________
LUDs on Current Status of I485:
30 Nov 2007 : Card production ordered .
02 Dec.2007 : Card production ordered .
04 Dec 2007 : Approval notice sent.
For Both Self and Spouse.
Labor Filing Date: 27 Feb 2004
Service Center: Nebraska
Category: EB2
Application Mailed: 04 Jun 2007
USCIS Received Date: 05 Jun 2007
USCIS Notice Date: 14 Jun 2007
Filing Type: non-concurrent
I-140 Processing: regular
I-140 Approval Date: March 02, 2007
Fingerprinting Date : 15 Aug 2007
RFE: no
EAD Approval Date: 08 Sep 2007
AP Approval Date: 13 Sep 2007
Nationality: India
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