gc_chahiye
11-27 06:32 PM
USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
Give us all GCs? Nice idea, now meet reality:
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html
Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.
It would also save about $350 million.
The response? No thanks.
Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .
USCIS as well as immigration attorneys LOVE retrogression, backlogs, constant renewals...
3 year EAD is a possiblity. Someone even mentioned that this was discussed in the last meeting with AILA. As NeedHelp! has mentioned in an earlier post as long as they charge 3x the fees, it simply reduces pain for them (& for us).
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
Give us all GCs? Nice idea, now meet reality:
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html
Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.
It would also save about $350 million.
The response? No thanks.
Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .
USCIS as well as immigration attorneys LOVE retrogression, backlogs, constant renewals...
3 year EAD is a possiblity. Someone even mentioned that this was discussed in the last meeting with AILA. As NeedHelp! has mentioned in an earlier post as long as they charge 3x the fees, it simply reduces pain for them (& for us).
wallpaper You bulimic liars.
gc_chahiye
12-18 12:49 PM
I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.
good point. Also keep in mind:
- you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
- recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.
good point. Also keep in mind:
- you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
- recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.
immilaw
12-14 12:37 PM
It was easy last year to not pass the bill. We had a Republican President & Congress and Democrats kept on blaming republicans for not doing anything. I think this time the ball will be in the Democrat's court to pass the CIR and send to the President for signature. They won't be able to blame it on republicans.
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fcres
07-26 01:00 PM
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
more...
Fitz
07-17 10:50 AM
I'm in the same position as yourself - TN currently, H1 approved for Oct 1. Even if my visa # becomes current, I am waiting until Oct 1 to file 485, so that I'll be on H1 at that point and I don't have to risk being out of status for even 1 second (in the eyes of USCIS) btwn TN & HI taking effect. I am planning a trip home early August, so I only have to wait an additional 1.5 months for that peace of mind-open visa # window, pending...
Just my $.02 worth, but if I were in your shoes, I'd be concerned that USCIS will consider your 485 abandoned when you leave the US while on your TN. Even though you wouldn't have worked btwn status change, I think they consider your "TN status" on-and-off, as come and go from the US - so that once you leave the US, you wouldn't have any "status" left to adjust... H1's (as dual intent) have a provision that allow you to come and go from the US without having abandoned a 485 application... The many people in the past who have successfully completed 485's while on TN's, were able to renew their TN and submit 485 immediately, stay in the US until their EAD/AP arrived and then leave at will, re-entering on 485-pending status via their approved EAD.
Again, just my weekend warrior opinion! Best wishes with it, at any rate!
Fitz
Just my $.02 worth, but if I were in your shoes, I'd be concerned that USCIS will consider your 485 abandoned when you leave the US while on your TN. Even though you wouldn't have worked btwn status change, I think they consider your "TN status" on-and-off, as come and go from the US - so that once you leave the US, you wouldn't have any "status" left to adjust... H1's (as dual intent) have a provision that allow you to come and go from the US without having abandoned a 485 application... The many people in the past who have successfully completed 485's while on TN's, were able to renew their TN and submit 485 immediately, stay in the US until their EAD/AP arrived and then leave at will, re-entering on 485-pending status via their approved EAD.
Again, just my weekend warrior opinion! Best wishes with it, at any rate!
Fitz
Maverick_2008
02-14 03:59 PM
A) 140 or 485 gets denied and you're on EAD (it means you've already given up your H-1B)
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
more...
mn2007
08-27 04:01 PM
I am a July 2nd filer with a priority date of July29,2004 (EB2-I). I did not receive biometric appointment so far. I had a infopass appointment today, and the immigration officer checked the system and generated the FP appointment and I went straight to ASC after Infopass and got my FP done. Officer also confirmed that my name check is cleared last month but had no idea why my file is not assigned to an Immigration officer. She said there are no apparent issues that she can see in the system with my application and she opened a SR for them to look in to my file.
MN
MN
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ksvreg
09-25 03:02 PM
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
more...
brij523
11-12 04:07 PM
Gurus,
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
WOW. People ask so many questions!!
Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.
Have fun.
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
WOW. People ask so many questions!!
Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.
Have fun.
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pappu
07-13 02:38 PM
The Conrad 30 J-1 physician waiver program is good news.
IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.
Paskal may have to update the group on the provisions that went into the final amendment.
IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.
Paskal may have to update the group on the provisions that went into the final amendment.
more...
number30
03-27 04:45 PM
So what do I do.
I am looking to buy a SUBWAY franchise outright costing 200 K
What kind of green card you have applied for? What are you lookning to Do?
I am looking to buy a SUBWAY franchise outright costing 200 K
What kind of green card you have applied for? What are you lookning to Do?
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desi3933
03-09 12:01 PM
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
You are right.
Employer must pay H-1 employee salary until
1. employee is notified of job termination (or employee resigns)
AND
2. USCIS is notified of such termination by request to cancel the H-1B petition.
______________________
Not a legal advice.
US citizen of Indian origin
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
You are right.
Employer must pay H-1 employee salary until
1. employee is notified of job termination (or employee resigns)
AND
2. USCIS is notified of such termination by request to cancel the H-1B petition.
______________________
Not a legal advice.
US citizen of Indian origin
more...
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blacktongue
10-05 11:07 AM
How did they pull it off?
If you file a lawsuit you can ask for documents.
If you file a lawsuit you can ask for documents.
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nat23
06-14 11:17 AM
I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.
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Ann Ruben
06-30 11:26 PM
have you been employed by Company B? If so, for what dates do you have paystubs?
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xlxoel
05-20 09:16 PM
Hi everybody!
I applied to renew my travel permit on May 20th 2009, I just got the following email from immigration:
Receipt Number: XXXXXXXXXX
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On May 20, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.
I applied ONLINE this time.
My last year parole expired on May 3rd 2009.
What type of evidence can they ask for a travel permit?
Someone on the same boat?
I also got an email about my I-140 five days before saying:
Receipt Number: XXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 15, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
I haven't received any of the letters!
I applied to renew my travel permit on May 20th 2009, I just got the following email from immigration:
Receipt Number: XXXXXXXXXX
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On May 20, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.
I applied ONLINE this time.
My last year parole expired on May 3rd 2009.
What type of evidence can they ask for a travel permit?
Someone on the same boat?
I also got an email about my I-140 five days before saying:
Receipt Number: XXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 15, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
I haven't received any of the letters!
more...
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nashim
06-03 04:30 PM
I think yes, you need to fill AR11 form for your wife too. I did the same thing.
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Raj Iyer
09-13 12:45 PM
No., you do npot qualify for EB-2 Unless you do a 3 years MAsters from India or a 2 yrs Masters from a U.S. intitution.
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pom
05-11 05:01 PM
Cybergold, you win :)
texasguy
06-15 12:43 PM
Thank you all for your suggestions. You all have been really helpful in this difficult times.
eb3retro
03-04 05:15 PM
Is there anything i can do on H4 visa??
Yes, you can do your household work or volunteer in some local libraries or hospitals.
Yes, you can do your household work or volunteer in some local libraries or hospitals.
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