PD_Dec2002
03-20 11:28 AM
Did I mention EB cap in my earlier post? I mentioned CAP which does not conclude that it is EB cap. I went through the bill too.
A ha! Now I see where the misunderstanding lies. And I do apologize if you got offended.
As I wrote earlier my "bummer" post was specifically in response to your and whitecollarslave's posts about Masters in STEM. whitecollarslave's replied (http://immigrationvoice.org/forum/showpost.php?p=231838&postcount=5) to your post asking "H-1B cap or EB green card cap?" And so I replied expressing my disappointment with the bill that Masters in STEM were exempt only from the H-1B cap.
You thought I was correcting you, but I really wasn't. It was my bad that I quoted your post in my response instead of quoting whitecollarslave's post. My apologies once again. Let's bury the hatchet.
Thanks,
Jayant
A ha! Now I see where the misunderstanding lies. And I do apologize if you got offended.
As I wrote earlier my "bummer" post was specifically in response to your and whitecollarslave's posts about Masters in STEM. whitecollarslave's replied (http://immigrationvoice.org/forum/showpost.php?p=231838&postcount=5) to your post asking "H-1B cap or EB green card cap?" And so I replied expressing my disappointment with the bill that Masters in STEM were exempt only from the H-1B cap.
You thought I was correcting you, but I really wasn't. It was my bad that I quoted your post in my response instead of quoting whitecollarslave's post. My apologies once again. Let's bury the hatchet.
Thanks,
Jayant
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god_bless_you
12-11 02:05 PM
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks on average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
rc0878
10-01 08:48 PM
Guys got my FP and AP last nite. Check signature for more details.
The status of my Travel document on USCIS site has been following for a while -:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On September 20, 2007 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.
How long does it take for it to actually arrive??? Any idea??
The status of my Travel document on USCIS site has been following for a while -:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On September 20, 2007 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.
How long does it take for it to actually arrive??? Any idea??
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jliechty
June 12th, 2004, 10:32 PM
saw this one too..
Fugi S2 PRO..
what you think of this one ???? also ...
Fuji S2 Pro review by Thom Hogan (http://www.bythom.com/fujis2.htm) (but he has a slight bias to Nikon ;))
Fugi S2 PRO..
what you think of this one ???? also ...
Fuji S2 Pro review by Thom Hogan (http://www.bythom.com/fujis2.htm) (but he has a slight bias to Nikon ;))
more...
texcan
09-19 12:34 AM
IV Rally Heros, all of them deserve applause for efforts, leadership and doing an unprecedented jobs.
YOU ALL MADE HISTORY TODAY
THANK YOU,
YOU ALL MADE HISTORY TODAY
THANK YOU,
vinaypuri
05-27 09:10 AM
US Green Card Wait is driving ppl. crazy ! :eek:
more...
ashkam
05-30 01:32 PM
I got my stamping till 2010 based on my I-140. I did that to save another visit to embassy when I go out of country and its costing me dearly. The visa stamp clearly mentions the effective dates from both 797s. So the officer asked for both 797s and stamped the end date from the current one. As he sounded positive that I can update it at my local USCIS, I didn't persuade him much. Maybe I should've done that!!!
Why did you show him the previous 797 anyways? Doesn't the previous 797 get invalidated the moment you get a new 797?
Why did you show him the previous 797 anyways? Doesn't the previous 797 get invalidated the moment you get a new 797?
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spicy_guy
03-31 12:18 PM
Done. Nice work!
more...
qplearn
10-09 10:45 AM
We are talking two different things here. You are saying about AC-21. The OP is asking about retaining PD. The way you can retain your PD after I-140 approval is :-
You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.
Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
Dilbert_cal:
Does this mean that with AC-21, I can just switch jobs (provided it is similar), and that my PD etc remains the same and that I don't have to do my labor and I-140 again? My I-485 has been filed for more than a year now (my 140 is also approved), and while I would like to change my job, I don't want to do the whole thing again.
Your response will be HIGHLY appreciated, bcuz you seem to know this stuff well.
qplearn
You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.
Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
Dilbert_cal:
Does this mean that with AC-21, I can just switch jobs (provided it is similar), and that my PD etc remains the same and that I don't have to do my labor and I-140 again? My I-485 has been filed for more than a year now (my 140 is also approved), and while I would like to change my job, I don't want to do the whole thing again.
Your response will be HIGHLY appreciated, bcuz you seem to know this stuff well.
qplearn
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abhijitp
07-06 09:28 AM
Hey, I just added this one line to the composed content and sent it to KXAN news Austin to a immigrant reporter who highlighted legal immigrant document woes (for Mexicans though) yesterday night. He replied quite promptly.
Added content:
Would you and your station be kind enough to highlight our plight? We may not be 12 million in numbers but we do contribute in dollars the same number on a daily basis
Reply from Matt Flener:
<snip>
Surendra,
Be assured I received your email and REALLY want to follow-up with you. I would love to highlight your story. I will try and give you a call this weekend, or Monday at the latest. Thank you for your email.
</snip>
If I do get a call this weekend, it would be nice to receive support from like-minded people in Austin. We could meet him at Coffee Shop or at my apartment. Alternatively, if he agress to interview via telephone, then I would love to include one from immigrationvoice core itself to highlight the woes more appropriately.
Let me know and by the way thanks for composing..
Great job friend! Thanks!
Added content:
Would you and your station be kind enough to highlight our plight? We may not be 12 million in numbers but we do contribute in dollars the same number on a daily basis
Reply from Matt Flener:
<snip>
Surendra,
Be assured I received your email and REALLY want to follow-up with you. I would love to highlight your story. I will try and give you a call this weekend, or Monday at the latest. Thank you for your email.
</snip>
If I do get a call this weekend, it would be nice to receive support from like-minded people in Austin. We could meet him at Coffee Shop or at my apartment. Alternatively, if he agress to interview via telephone, then I would love to include one from immigrationvoice core itself to highlight the woes more appropriately.
Let me know and by the way thanks for composing..
Great job friend! Thanks!
more...
namm80
09-15 06:44 PM
I am in similar situation. Originally applied to NSC, got Xfr'd to CSC. Now CSC after processing EAD/AP Xfr'd my I-485 back to NSC.
ANyone in similar situation has rcvd Finger printing notices? I assume Aug 17th filers at NSC are ahead of us?
Also, i received the EADs in mail, but haven't received the AP even though online status reads AP mailed a week back. Any idea how long it takes to get AP after it online status reads approved?
Please share any information.
ANyone in similar situation has rcvd Finger printing notices? I assume Aug 17th filers at NSC are ahead of us?
Also, i received the EADs in mail, but haven't received the AP even though online status reads AP mailed a week back. Any idea how long it takes to get AP after it online status reads approved?
Please share any information.
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pitha
02-14 09:55 PM
My bad. Yes I did mix up some facts :o Its the house and sensenbrener who sat on CIR confrence after senate passed it on may 25 till september.
There are some inaccuracies in your post:
The CIR in the Senate passed on 25th May 2006. Bill number S. 2611 of 109th congress. (See for this on thomas.loc.gov )
The 60 day waiting period is something that may be removed this year as this year, the Dems are in control.
I can go on and on about why CIR did not become a law in 2006. However if one were allowed just one phrase to describe the reason why CIR didnt happen in 2006, is : United States House of Representatives (http://www.house.gov/).
If you remember, in Nov 2005, the house had already pass its own CIR. They called it CIR, but no one else called it that. Its was H.R. 4437. Created by dear Chairman Jim Sensenbrenner. The bill provided for making illegal presence a felony and basically deporting 11 million already here. That was the House's CIR.
What happens this year, even God cannot predict. What we've said here at IV, is CIR will come in SENATE, in March-April. It will be debated and passed in Senate, most likely, just like last year. After that, as far as the House is concerned, it remains to be seen how much pressure the White House and Senate can put on them. Basically, if the White House were to direct a few more raids by ICE on some meat packing plants and some construction, that's all it takes for the House to be shamed into doing something about a widespread problem unless it wants to be called a do-nothing congress.
Now we cannot predict if the above course of events will take place. Its impossible to predict. Some people (on other sites) have laid out percentages like 20% chance this will happen, 80% chance that will happen. That's really laughable.
There are some inaccuracies in your post:
The CIR in the Senate passed on 25th May 2006. Bill number S. 2611 of 109th congress. (See for this on thomas.loc.gov )
The 60 day waiting period is something that may be removed this year as this year, the Dems are in control.
I can go on and on about why CIR did not become a law in 2006. However if one were allowed just one phrase to describe the reason why CIR didnt happen in 2006, is : United States House of Representatives (http://www.house.gov/).
If you remember, in Nov 2005, the house had already pass its own CIR. They called it CIR, but no one else called it that. Its was H.R. 4437. Created by dear Chairman Jim Sensenbrenner. The bill provided for making illegal presence a felony and basically deporting 11 million already here. That was the House's CIR.
What happens this year, even God cannot predict. What we've said here at IV, is CIR will come in SENATE, in March-April. It will be debated and passed in Senate, most likely, just like last year. After that, as far as the House is concerned, it remains to be seen how much pressure the White House and Senate can put on them. Basically, if the White House were to direct a few more raids by ICE on some meat packing plants and some construction, that's all it takes for the House to be shamed into doing something about a widespread problem unless it wants to be called a do-nothing congress.
Now we cannot predict if the above course of events will take place. Its impossible to predict. Some people (on other sites) have laid out percentages like 20% chance this will happen, 80% chance that will happen. That's really laughable.
more...
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GC08
03-10 05:53 PM
Welcome hopelessinseattle!
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
This is absolutely the truth. I think that's why some people likened H1B to "slavery"... The only difference is probably you have choice to not come under H1B, which may even disguise H1B's true nature further. :o
Maybe IV can also help spread the words about the whole H1B and GC thing to people who are thinking about coming here... not exactly as rosy as some people thought. Hopefully when people know more, they will make more informed decisions. :p
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
This is absolutely the truth. I think that's why some people likened H1B to "slavery"... The only difference is probably you have choice to not come under H1B, which may even disguise H1B's true nature further. :o
Maybe IV can also help spread the words about the whole H1B and GC thing to people who are thinking about coming here... not exactly as rosy as some people thought. Hopefully when people know more, they will make more informed decisions. :p
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DSLStart
10-01 02:54 PM
I came back via Frankfurt last month. AP no prob. But be aware of Lufthansa. It was worst trip of my life. Bugger airline had cancelled flight from FRA to Mumbai without notifying. They gave me two options after I landed at FRA. 1. Wait at airport for 27 HOURS for next days flight (as they don't give Indians visa @ airport for hotel stay) or 2. Wait for another 6 hours at airport, then take flight from FRA to zurich, wait at zurich for 3 hrs, then zurich to Dubai, wait at dubai for 3 hrs and then dubai to Mumbai. Unwillingly I had to accept 2nd option.
Staff is damn rude, had to wait in long line for 3 hours to talk to cust service.
Never in my life will I travel with Lufthansa :mad: :mad: :mad:
Did anybody fly recently in Lufthansa to India? I wanted to know whether you need transit visa.
I have booked the tickets in Lufthansa to india in Dec.
My travel agent says you dont need transit visa if you have AP.
Since i have time now, i can apply nowif needed.
Also please give me the details about the appln forms to apply for the transit visa.
please advise.
Staff is damn rude, had to wait in long line for 3 hours to talk to cust service.
Never in my life will I travel with Lufthansa :mad: :mad: :mad:
Did anybody fly recently in Lufthansa to India? I wanted to know whether you need transit visa.
I have booked the tickets in Lufthansa to india in Dec.
My travel agent says you dont need transit visa if you have AP.
Since i have time now, i can apply nowif needed.
Also please give me the details about the appln forms to apply for the transit visa.
please advise.
more...
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gnrajagopal
05-03 10:08 AM
i do agree with gcsucks that he is pro indian, i have heard him defend migration from india when a caller called him to complain about the H1B program. but he sure is moody, cause if we catch him on the wrong day then the responce can be unpredictable.
once he did a show on why indian kids end up winning spelling bee, and it was an interesting analysis of our culture and our dedication towards education. but his primary concern was that someday it will sure happen that indians will start dominating the american lifestyle and policy.
once he did a show on why indian kids end up winning spelling bee, and it was an interesting analysis of our culture and our dedication towards education. but his primary concern was that someday it will sure happen that indians will start dominating the american lifestyle and policy.
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guyfromsg
07-16 10:15 PM
Is it possible to file I-485 without I-693(Medical) ?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Medical reports are part of initial evidence and without them the case could be rejected. I think the new guidelines give the officers power to reject the case instead of asking for RFE if initial evidence is missing..
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Medical reports are part of initial evidence and without them the case could be rejected. I think the new guidelines give the officers power to reject the case instead of asking for RFE if initial evidence is missing..
more...
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thomachan72
05-09 12:45 PM
I am already actively participating in all the event for "Filing 485 when PD is not current" in immigarationvoice ...
I sent my contribution amount for IV's April month washington campaign also ...
I understand 221g is an action to prevent fraud. But at the same time consular officer should give a chance to prove visa applicant's point at the time of interview. In my case I had most of the docs at the time of interview, Why don't they accept those docs and start processing immediately, then I would have saved some 3 weeks ...
Moreover, Not all ther employer will hold your position, If your case is taken long period for approval. They have to run their business ...
So I would expect DOS should change the way of handling 221g cases. Right now It's too lenghty and more confused ...
It is hard to say dont loose hope but really thats the best option possible anyways. Is your family also affected or are they back here in the US? Your son is in which grade? If he is back with you in India it might be best to inform his school about the delay. Hopefully you will hear great news soon so keep the faith. Best..
I sent my contribution amount for IV's April month washington campaign also ...
I understand 221g is an action to prevent fraud. But at the same time consular officer should give a chance to prove visa applicant's point at the time of interview. In my case I had most of the docs at the time of interview, Why don't they accept those docs and start processing immediately, then I would have saved some 3 weeks ...
Moreover, Not all ther employer will hold your position, If your case is taken long period for approval. They have to run their business ...
So I would expect DOS should change the way of handling 221g cases. Right now It's too lenghty and more confused ...
It is hard to say dont loose hope but really thats the best option possible anyways. Is your family also affected or are they back here in the US? Your son is in which grade? If he is back with you in India it might be best to inform his school about the delay. Hopefully you will hear great news soon so keep the faith. Best..
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kunallen
01-18 10:23 PM
Hi, all,
I think my situation is a little complicated as follow: while I am still in F1 status and visa (2.5 months before graduation), one company filed I-140 petition for me on EB3(May. 2006), I applied for OPT EAD card and got it approved on Sep, 2006. Then my previous I-140 got approved on Dec. 2006. And now I am using my OPT EAD working in another company, and will start my H1B application with the current company soon.
I am wondering if the previous I-140 application with previous company affects my current H1B application with my current company? Since it was filed while I was in F1 status(even before OPT EAD approval), some said it is not allowed...
I am really concerned about this now... please advise ..
Many many thanks
Edit/Delete Message
I think my situation is a little complicated as follow: while I am still in F1 status and visa (2.5 months before graduation), one company filed I-140 petition for me on EB3(May. 2006), I applied for OPT EAD card and got it approved on Sep, 2006. Then my previous I-140 got approved on Dec. 2006. And now I am using my OPT EAD working in another company, and will start my H1B application with the current company soon.
I am wondering if the previous I-140 application with previous company affects my current H1B application with my current company? Since it was filed while I was in F1 status(even before OPT EAD approval), some said it is not allowed...
I am really concerned about this now... please advise ..
Many many thanks
Edit/Delete Message
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kumar1
10-16 08:39 PM
bump
smuggymba
08-19 07:48 PM
Background:
My wife did her MS from US university and is currently on OPT working with a small US Oil services company in Texas. Her OPT ends next May.
Question:
Can a non E-Verify company file for H1 visa?
Can a person extend their Drivers License in Texas during cap-gap? My wife's OPT ends next May and if her employer files H1 visa, can she work from May till October and extend her drivers license also?
My wife did her MS from US university and is currently on OPT working with a small US Oil services company in Texas. Her OPT ends next May.
Question:
Can a non E-Verify company file for H1 visa?
Can a person extend their Drivers License in Texas during cap-gap? My wife's OPT ends next May and if her employer files H1 visa, can she work from May till October and extend her drivers license also?
number30
03-18 06:28 PM
Youre allowed to stay in H1 status for 6 years. If you want to extend it over 6 years, that extension will be based on the EB petition (you need an LC and approved I-140). If that EB petition is denied and denied again thru appeals (MTRs), you are out of status.
Please read: http://www.immigration-information.com/forums/showthread.php?t=5293
Please consult your immigration attorney and do not rely on information posted here, that is your best chance at being assured.
Did you really read it properly? That talks about you cannot revert back H1 once you have completed six year term with no other eligible pending applications. If someone is seventh year H1 and denied after the seventh year started then he can complete the seventh year. But he will get year number eight. Approved H1 will not become invalid at this stage.
Please read: http://www.immigration-information.com/forums/showthread.php?t=5293
Please consult your immigration attorney and do not rely on information posted here, that is your best chance at being assured.
Did you really read it properly? That talks about you cannot revert back H1 once you have completed six year term with no other eligible pending applications. If someone is seventh year H1 and denied after the seventh year started then he can complete the seventh year. But he will get year number eight. Approved H1 will not become invalid at this stage.
