dealsnet
03-19 03:30 PM
Three High-Skilled Visa Bills Introduced into the House (March 19, 2008)
Increase in H1B numbers etc.....
A person with PhD give special immigration status.etc.....
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5642ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5634ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf
Increase in H1B numbers etc.....
A person with PhD give special immigration status.etc.....
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5642ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5634ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf
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Jeff Wheeler
03-21 04:43 PM
How is it that a question about the Bible raises so much feedback, whereas a question like "Have you ever climbed Mount Everest?" would have little or no affect.
After voting for it, I posted because I thought it didn't really have any place here, especially because of his apparent intent and implication (confirmed by viewing his other work). Seemed out of place on this secular site.
After voting for it, I posted because I thought it didn't really have any place here, especially because of his apparent intent and implication (confirmed by viewing his other work). Seemed out of place on this secular site.
centaur
03-02 01:52 PM
Who is your lawyer. he is very reasonable.
Labor RIR Case from MN (Approved Recently)
Labor RIR Case from TX (Approved Recently)
Labor PERM EB3 (Approved in 2006)
Paid so far 8K
Lawyer is asking more now for
Filing I-140 - I-485 - EAD - AP (for both me and my wife)
Have I paid too much? Should I pay more to him?
Labor RIR Case from MN (Approved Recently)
Labor RIR Case from TX (Approved Recently)
Labor PERM EB3 (Approved in 2006)
Paid so far 8K
Lawyer is asking more now for
Filing I-140 - I-485 - EAD - AP (for both me and my wife)
Have I paid too much? Should I pay more to him?
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talash
05-08 12:45 PM
I didnt get notice yet .I read on these posts that we have only 30 days to file MTR.What if i dont get notice till that time .Is it appropraiate that my employer of his attorney contact CIS and let them know that we didnt recieve denail yet and that way have a proof and buy some time .
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americandesi
08-16 03:43 PM
There's no catch at all.....according to my lawyer. He said even if you come back on AP, you can still work on your H-1B so long as it's valid.
Thanks,
Jayant
As far as I know, Until your apply for a H1 extension or H1 transfer on "Parolee" status, your status continues to be "Parolee". Lets consider this.
You have 3 years remaining on your H1.
You go out and come back on "AP".
Your status changes to "Parolee".
You do H1 transfer (or) your employer files for H1 extension at the end of the 3rd year.
Now your status changes back to "H1".
Here is the catch. You are a "Parolee" until your "H1" transfer or extension. In case your I-485 gets rejected during your "Parolee" status, you gotta leave the country (or) file for an appeal and proceed with H1 transfer (or) H1 extension to retain your H1 status.
Seniors, Please correct me if i am wrong.
Thanks,
Jayant
As far as I know, Until your apply for a H1 extension or H1 transfer on "Parolee" status, your status continues to be "Parolee". Lets consider this.
You have 3 years remaining on your H1.
You go out and come back on "AP".
Your status changes to "Parolee".
You do H1 transfer (or) your employer files for H1 extension at the end of the 3rd year.
Now your status changes back to "H1".
Here is the catch. You are a "Parolee" until your "H1" transfer or extension. In case your I-485 gets rejected during your "Parolee" status, you gotta leave the country (or) file for an appeal and proceed with H1 transfer (or) H1 extension to retain your H1 status.
Seniors, Please correct me if i am wrong.
Dhundhun
08-05 05:34 PM
PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.
For unmarried sons and daughters of GC holder same PD is given as of parent - I saw couple of documents.
I am not sure about (2A) cases.
For unmarried sons and daughters of GC holder same PD is given as of parent - I saw couple of documents.
I am not sure about (2A) cases.
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logiclife
12-11 01:23 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).
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).
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setpit_gc
02-27 07:04 PM
All,
Do we need to keep a copy of LC?. I have copies of all the documents except Labor Certification.
Thanks
Do we need to keep a copy of LC?. I have copies of all the documents except Labor Certification.
Thanks
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smehta1
05-24 01:41 PM
Done
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jung.lee
03-03 01:22 PM
Thanks for responding to my post.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
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IVMovies
11-20 05:25 PM
I have updated my details and also I have discussed with Pratik who is a core member. I have given all my concerns to Pratik. If you are a core member and would like to know more of my details please contact Pratik Dakwala.
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slowwin
03-03 02:25 PM
how do i create a new thread ?
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eastwest
05-12 10:11 PM
Guys
I filed my EAD recently and here is what you should do,
Send the supporting documents to the address mentioned at the bottom of your receipt.
Documents I have sent,
1. Cover Letter
2. Receipt Notice for online EAD filing
3. your earlier EAD paper in which your EAD arrived ( if this is renewal)
4. Your 485 Receipt Notice
This should suffice.
P.S I have already done finger printing.
I filed my EAD recently and here is what you should do,
Send the supporting documents to the address mentioned at the bottom of your receipt.
Documents I have sent,
1. Cover Letter
2. Receipt Notice for online EAD filing
3. your earlier EAD paper in which your EAD arrived ( if this is renewal)
4. Your 485 Receipt Notice
This should suffice.
P.S I have already done finger printing.
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masaternyc
01-23 10:59 PM
Do u all work in software only???
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vardinishankar
03-02 01:57 PM
As far as i know-----
Answer to Q#10 :
Country Of Birth drives priority date and not Naturalized Citizenship.
So, if you were born in India then your priority date goes by India PD no matter what citizenship you currently have.
Thanks,
Krishna
Thank you Krishna. The question really is whether my Labor/I-140 approvals as Indian citizen can be used to continue the GC (to file the I-485) after I change my citizenship. Would you know about that?
Or, if a new GC process is restarted with a new employer, can the old priority date be re-used in the new GC process after citizenship has changed?
Thanks.
Answer to Q#10 :
Country Of Birth drives priority date and not Naturalized Citizenship.
So, if you were born in India then your priority date goes by India PD no matter what citizenship you currently have.
Thanks,
Krishna
Thank you Krishna. The question really is whether my Labor/I-140 approvals as Indian citizen can be used to continue the GC (to file the I-485) after I change my citizenship. Would you know about that?
Or, if a new GC process is restarted with a new employer, can the old priority date be re-used in the new GC process after citizenship has changed?
Thanks.
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foobar2001
07-10 08:59 AM
Its so funny, I gave green too....
somewhat tangential question - how does one give green?? (or red) -- i cant for the life of me figure out where to click on a posting to vote it up or down!
somewhat tangential question - how does one give green?? (or red) -- i cant for the life of me figure out where to click on a posting to vote it up or down!
more...
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kramesh_babu
09-01 12:08 PM
Thanks KevinKris for sharing the info.
Your documents represents the I-140 info.
I was trying to check what is the priority date attached to I485 application. Seems there is no such info. attached to pending I-485 application.
Also, just now I checked my 485 receipt. The PD column in my I-484 receipt is blank. Is this common for every one? Just curious?
Yes, That is very common. You just need to verify the priority date is correct in your 140 approval notice.
Your documents represents the I-140 info.
I was trying to check what is the priority date attached to I485 application. Seems there is no such info. attached to pending I-485 application.
Also, just now I checked my 485 receipt. The PD column in my I-484 receipt is blank. Is this common for every one? Just curious?
Yes, That is very common. You just need to verify the priority date is correct in your 140 approval notice.
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bestia
08-16 07:39 PM
SLowhand, You are absolutely right. We can understand if USCIS does not send anything to employee for I-140, but for I-485, which really is an application from the employee, it is really not legal for the attorneys to dance on employers' tunes and provide our paperwork to them and then blackmailing us together.
How can we take it up with USCIS through IV?
You yourself willingly knowingly signed G28 form and gave all the power to your attorney. USCIS is not suppose to be sending you anything. And IV has nothing to do with it.
You have to realize, that your attorney/employer have to be willing to support your GC honestly, since you might need them in case of RFEs, etc. If they are playing games, then invoke AC21 and leave them.
You can sign G28 with another attorney, and your new attorney will request your case from your previous attorney. Your previous attorney will have to be REQUIRED to send ALL your papers (including that RN).
You can apply for EAD with just having receipt number, you can find out it by just calling USCIS. So I don't see any reason to freak out.
How can we take it up with USCIS through IV?
You yourself willingly knowingly signed G28 form and gave all the power to your attorney. USCIS is not suppose to be sending you anything. And IV has nothing to do with it.
You have to realize, that your attorney/employer have to be willing to support your GC honestly, since you might need them in case of RFEs, etc. If they are playing games, then invoke AC21 and leave them.
You can sign G28 with another attorney, and your new attorney will request your case from your previous attorney. Your previous attorney will have to be REQUIRED to send ALL your papers (including that RN).
You can apply for EAD with just having receipt number, you can find out it by just calling USCIS. So I don't see any reason to freak out.
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willwin
10-19 09:27 AM
Not that easy and good as it sounds.
There is a per country quote and yearly wastage you need to factor in.
Is per country quota true even during last quarter? I thought it was not in July 2007 and going by previous years history, India EB3 has always been getting more than their alloted 8000 (or whatever) numbers!
And, just like wastage, I have not accounted for duplicate filings (which I guess could be a lot)!!
So, 4 years - to me seems reasonable.
There is a per country quote and yearly wastage you need to factor in.
Is per country quota true even during last quarter? I thought it was not in July 2007 and going by previous years history, India EB3 has always been getting more than their alloted 8000 (or whatever) numbers!
And, just like wastage, I have not accounted for duplicate filings (which I guess could be a lot)!!
So, 4 years - to me seems reasonable.
optimystic
02-16 02:34 AM
Optimystic -- is your PD current?
yes
IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140
I-485 submitted in last week of July 07. I 140 filed in premium processing and approved in Jan 07.
(i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.
(ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).
(iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.
If what you say holds true then thats good news for me personally! But I would be curious on the process used by USCIS to dig out all applications that have current PD in march, and then sort them based on application receipt date and process all these within 60 days. I am hoping (or rather praying !) that the fact that they have entered our data into computers allows them to apply some simple sorting logic to CORRECTLY arrive at a subset of qualified cases to be opened up come 1st of March. Now the geographical distribution of cases across service centers, the huge mess during the July fiasco, and cases of people still waiting for their FP appts even now, doesn't give you too much confidence in their systems and processes. But, hey, guess I might be getting too pessimistic here and going against the spirit of own handle name :). Waited for 7 years. Whats couple more months or even a bit longer for that matter !
(iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.
IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.
Thanks much for your insights.
yes
IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140
I-485 submitted in last week of July 07. I 140 filed in premium processing and approved in Jan 07.
(i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.
(ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).
(iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.
If what you say holds true then thats good news for me personally! But I would be curious on the process used by USCIS to dig out all applications that have current PD in march, and then sort them based on application receipt date and process all these within 60 days. I am hoping (or rather praying !) that the fact that they have entered our data into computers allows them to apply some simple sorting logic to CORRECTLY arrive at a subset of qualified cases to be opened up come 1st of March. Now the geographical distribution of cases across service centers, the huge mess during the July fiasco, and cases of people still waiting for their FP appts even now, doesn't give you too much confidence in their systems and processes. But, hey, guess I might be getting too pessimistic here and going against the spirit of own handle name :). Waited for 7 years. Whats couple more months or even a bit longer for that matter !
(iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.
IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.
Thanks much for your insights.
Green.Tech
03-18 12:05 PM
...and the confusion regarding this rule continues :)
