gjoe
10-05 10:59 AM
This is what the law says:
INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.
What is your argument to sue?
How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.
INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.
What is your argument to sue?
How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.
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andy garcia
12-14 12:58 PM
Now I am working for a company in OPT .
My OPT start at 7/10/2006
My OPT end at 7/9/2007
add 60 days Grace period ,so the date will be 9/7/2007
So 9/7/2007 till 10/1/2007 will have 24 days GAP.
How can I do to solve it ?
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
My OPT start at 7/10/2006
My OPT end at 7/9/2007
add 60 days Grace period ,so the date will be 9/7/2007
So 9/7/2007 till 10/1/2007 will have 24 days GAP.
How can I do to solve it ?
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
nc14
05-14 09:10 PM
Thanks Guys, It is very reassuring to hear from you.
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eb3_nepa
04-27 06:13 PM
Apologise for 2 threads on the same thing. Tried going back and modifying the text a little bit, only to create a new thread.
more...
desi3933
05-14 11:41 AM
......
My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
......
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
......
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
meridiani.planum
10-13 02:26 PM
Almost everyone knows USCIS rule that EAD can be applied 120 days in advance before previous EAD expires and normal processing time for EAD is 90 days.
With few exceptions, people are applying in time. They have other issue such as one person got in 6 days. In 20-30 days it is not uncommon.
You are one of the few people who did not apply EAD in time and trying to draw attention.
yeah for EAD they should clarify that if its pending >90 days, then we should walk into local office and walk out with interim EAD. afterall USCIS's own guidelines require them to approve within 90 days.
AP is a bigger problem I think. Processing times are running into 5 months and we can apply only upto 4 months in advance. meaning there is a very high likelyhood of ending up in a monthwhere you dont have an AP. If you need to travel in that time, you are screwed.
With few exceptions, people are applying in time. They have other issue such as one person got in 6 days. In 20-30 days it is not uncommon.
You are one of the few people who did not apply EAD in time and trying to draw attention.
yeah for EAD they should clarify that if its pending >90 days, then we should walk into local office and walk out with interim EAD. afterall USCIS's own guidelines require them to approve within 90 days.
AP is a bigger problem I think. Processing times are running into 5 months and we can apply only upto 4 months in advance. meaning there is a very high likelyhood of ending up in a monthwhere you dont have an AP. If you need to travel in that time, you are screwed.
more...
Gravitation
11-19 12:04 PM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
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seahawks
03-27 12:54 AM
you can volunteer for your future employer as long as there is no financial transactions involved.
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carbon
09-25 01:15 PM
I think we can get some financial support from Housing Market !
Facts:
------
The housing market is slowing down significantly and there are millions of unsold homes out there.
More than 1/2 million people are stuck in the green card process. I am sure
most are waiting for green card before they buy their house and make longtime commitment.
I think we are a "Frozen" pool of customers for the Housing Market.
500000 H1B X 200000 (average house price) = 100 billion dollar market is just
inaccessible just because of retrogression.
I think we should convince them to help us FINANCIALY.
Please IV Core members take this idea seriously and at least
SEND A LETTER TO National Association of Home Builders (NAHB) president.
Facts:
------
The housing market is slowing down significantly and there are millions of unsold homes out there.
More than 1/2 million people are stuck in the green card process. I am sure
most are waiting for green card before they buy their house and make longtime commitment.
I think we are a "Frozen" pool of customers for the Housing Market.
500000 H1B X 200000 (average house price) = 100 billion dollar market is just
inaccessible just because of retrogression.
I think we should convince them to help us FINANCIALY.
Please IV Core members take this idea seriously and at least
SEND A LETTER TO National Association of Home Builders (NAHB) president.
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mbartosik
11-08 03:33 PM
It looks like this including dependents -- good news.
According to:
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).
quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."
So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.
According to:
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).
quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."
So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.
more...
crystal
03-06 02:31 PM
No they wont send receipt notices for correction. They would send receipt only for filings for which you paid fee and new applications
do they normally send a receipt notice for the new 765 application that you file to correct EAD error...?
i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass
do they normally send a receipt notice for the new 765 application that you file to correct EAD error...?
i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass
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chanduv23
07-08 06:47 PM
Om Mathew is obviously a publicity freak, now he has his picture on his website. I think he wants people to look at his picture and admire him
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Mahatma
08-13 04:26 PM
I am saying this without much research BUT I do recollect rave reviews about VDL Rao.
In past, Googler, Conshell etc. have done a good job of investigative journalism (name check memo and other critical updates). Discovering VDL rao would be blessing for some sort of hunch on Visa number availability. He has apparently commanded our respect.
Some guesstimate is better than utter confusion.
We need you Mr. Rao. Help us in our journey from darkness to light.... an eventual green light!
In past, Googler, Conshell etc. have done a good job of investigative journalism (name check memo and other critical updates). Discovering VDL rao would be blessing for some sort of hunch on Visa number availability. He has apparently commanded our respect.
Some guesstimate is better than utter confusion.
We need you Mr. Rao. Help us in our journey from darkness to light.... an eventual green light!
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RanchCharm
07-17 07:14 PM
Hi All,
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
more...
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ita
01-23 01:26 PM
Thank you very much for all the replies.
Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?
Thank you.
Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?
Thank you.
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jayz
07-15 01:39 PM
Congrats!
How did you get this link? The Chennai website still shows dates for July 2008?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
How did you get this link? The Chennai website still shows dates for July 2008?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
more...
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gccovet
09-24 04:15 PM
Any thoughts
is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.
just my thoughts, check with attorney please.
Regards,
GCCovet.
is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.
just my thoughts, check with attorney please.
Regards,
GCCovet.
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perm2gc
06-11 12:18 PM
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Cannot you read english and don't you understand.Read about the bill and IV's position on the bill in forum or search the forum.
We will not repent what ever happens.Atleast we are not giving up without fighting like you..Don't warn us about IV..if you don't trust IV..don't login here..
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Cannot you read english and don't you understand.Read about the bill and IV's position on the bill in forum or search the forum.
We will not repent what ever happens.Atleast we are not giving up without fighting like you..Don't warn us about IV..if you don't trust IV..don't login here..
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rolrblade
03-18 08:14 AM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
BPforGC
10-15 12:28 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
chanduv23
03-14 12:16 PM
Thank you all for your responses. We just wanted to keep a plan B active. Both of us are on h1b and from India. After residency, she will have 3 more years on h1b, and I am entering 8th year on h1b, if we don't get GC after all this, we would like to try various options like India, Canada, Australia etc.. and that's why we started enquiring.
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