alp_waj
11-07 11:10 AM
Hi guyz,
Bit of addtional information that might be just what was needed to make final call.
I spoke to Fragomen, my Law firm, and they informed me that priority date for filing I 45 (Green Card last stage) is current for Labor applications (EB3) filed in April 2001 and unless something dramatic happens again, things will move at its own pace.
My Labor (in EB3) was filed in March 2003. Estimated time to get GC might be anywhere between 1 year to ... who knows....
I am leaning towards resigning and start it fresh.. wherever...even If it is US fresh H1 will always be there.
Thanks for your help and advises
Regards,
Alp
Bit of addtional information that might be just what was needed to make final call.
I spoke to Fragomen, my Law firm, and they informed me that priority date for filing I 45 (Green Card last stage) is current for Labor applications (EB3) filed in April 2001 and unless something dramatic happens again, things will move at its own pace.
My Labor (in EB3) was filed in March 2003. Estimated time to get GC might be anywhere between 1 year to ... who knows....
I am leaning towards resigning and start it fresh.. wherever...even If it is US fresh H1 will always be there.
Thanks for your help and advises
Regards,
Alp
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kaisersose
02-11 11:26 AM
After all these days it appears many people are still not clear about the difference between 485 processing times and priority date movement.
The two are completely different entities. When USCIS talks of backlogs they do not mean backlogs due to retrogression (PD unavailability). They are talking about the number of applications they received and the time it takes for them to process them.
When USCIS says it will clear the backlog by 2010, it means applications filed after that time will be processed in a timely manner (in less than 6 months). It does not mean that all the 485s before that time wil be approved. It only means these 485s will be processed and thrown into a cold sorage bin to be looked at again whenever the PD becomes available.
When retrogression started in 2005, EB2 India jumped forward by 6 months each visa bulletin. The reason was namecheck delays combined with the problem of Labors with Old PDd languishing in BECs. As both these problems have been eliminated now and also many EB3 filers from that time are switching over to EB2, it is highly unlikely that one will see wide movement in India EB2.
The two are completely different entities. When USCIS talks of backlogs they do not mean backlogs due to retrogression (PD unavailability). They are talking about the number of applications they received and the time it takes for them to process them.
When USCIS says it will clear the backlog by 2010, it means applications filed after that time will be processed in a timely manner (in less than 6 months). It does not mean that all the 485s before that time wil be approved. It only means these 485s will be processed and thrown into a cold sorage bin to be looked at again whenever the PD becomes available.
When retrogression started in 2005, EB2 India jumped forward by 6 months each visa bulletin. The reason was namecheck delays combined with the problem of Labors with Old PDd languishing in BECs. As both these problems have been eliminated now and also many EB3 filers from that time are switching over to EB2, it is highly unlikely that one will see wide movement in India EB2.
piyu7444
08-19 11:03 PM
The fear is of USCIS rejecting the secondary application (due to insfficient evidence -wedding certificate)
My wife cant leave the country as I dont hold a VISA now........I have a GC. Without both of us going to India we cant possibly get it as we never registered our wedding. She cant leave US coz we dont have AP and even if apply for AP now (which we ll do) it will take 90 days to get AP.
If USCIS rejects the application we ll have to leave US even after I have got my GC and I dont know how long will it take for my wife and kid to get GC once we are in India.
My wife cant leave the country as I dont hold a VISA now........I have a GC. Without both of us going to India we cant possibly get it as we never registered our wedding. She cant leave US coz we dont have AP and even if apply for AP now (which we ll do) it will take 90 days to get AP.
If USCIS rejects the application we ll have to leave US even after I have got my GC and I dont know how long will it take for my wife and kid to get GC once we are in India.
2011 Justin Bieber amp; Selena
msp1976
10-19 04:19 PM
Not really, broadly speaking lack of information can never be a benefit to consumer. (Read: hidden clauses in agreements). It might be that they have been doing that and we don't know. You will ONLY know if you apply for another H1B transfer or any other application say I-140/I-485 with new employer and then USCIS MIGHT tell you that your I-140 is revoked on MM/DD/YYYY and you are no longer in valid H1B status since then. That would be too late and it is not retroactive. Remember that onus is on you to maintain valid H1B status all the time during the period of H1B. Once again I am not saying what I mention above is the correct interpretation of law, but in the absence of any clarify it can be one of the implication.
well...The history is that USCIS did release the proposed regulation dealing with all these back in 2002 if I remember correctly..Then there was a comment period...They got so many comments...that after that they did not even bother to publish the regulations in the federal register...That was the last heard of it....Now the only time when the issue of these regulations can possibliy come up is when there is a leadership change in USCIS...Any our fate would depend on who is in control of USCIS at that particular instance...
But this sword would fall some day..I donot know when..I donot know if it would fall on us....or we would just steer clear....The thing is that there is a lot of resistance to changes in status quo both inside USCIS and AILA...
Well AILA would want the status quo to continue....Them lawyers are making money of us anyway.....
I am in US last 7 years...The career is stagnant..No sign of GC anywhere....I am very despondent...But then what else is new ???
well...The history is that USCIS did release the proposed regulation dealing with all these back in 2002 if I remember correctly..Then there was a comment period...They got so many comments...that after that they did not even bother to publish the regulations in the federal register...That was the last heard of it....Now the only time when the issue of these regulations can possibliy come up is when there is a leadership change in USCIS...Any our fate would depend on who is in control of USCIS at that particular instance...
But this sword would fall some day..I donot know when..I donot know if it would fall on us....or we would just steer clear....The thing is that there is a lot of resistance to changes in status quo both inside USCIS and AILA...
Well AILA would want the status quo to continue....Them lawyers are making money of us anyway.....
I am in US last 7 years...The career is stagnant..No sign of GC anywhere....I am very despondent...But then what else is new ???
more...
anuparu
07-17 06:00 AM
I say try to get as many shots as possible at your PCP. For TB and HIV tell him that you have been to India lately and want to make sure everything is okay. For other shots tell him that you are considering to apply for a medical/dental school and need to get vaccination records, which you don't have because everything was done in India. Take all those proof to immegration doctor, he will accept those records.
My wife in fact joined dental school last year. She needed only HIV.
My wife in fact joined dental school last year. She needed only HIV.
gc_in_30_yrs
02-13 04:02 PM
hi,
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
more...
GCplease
06-07 05:15 PM
Hi,
am e-filing my EAD renewal and I have a couple of questions.
I used Advance Parole to re-enter US. I do not maintain my H1B status. I am on EAD.
Manner of Last Entry - Is it PAR: PAROLEE
Current Immigration Status - Is it PAR: PAROLEE
People who have e-filed in the past, please let me know.
Thanks in Advance.
am e-filing my EAD renewal and I have a couple of questions.
I used Advance Parole to re-enter US. I do not maintain my H1B status. I am on EAD.
Manner of Last Entry - Is it PAR: PAROLEE
Current Immigration Status - Is it PAR: PAROLEE
People who have e-filed in the past, please let me know.
Thanks in Advance.
2010 quot;Justin Bieberquot; quot;Selena
subba
12-05 04:21 PM
I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
^^^^
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
^^^^
more...
Biking
06-04 12:03 PM
Narrow-minded, selfish people like yourself took advantage of July 07 disaster and got your EAD when your PD viz EB3 Dec 2005 was NOWHERE CLOSE TO BEING CURRENT!
And now you think people who ported their dates are abusing the system! Yeah right...
Why don't you surrender your EAD first before shooting off your mouth?:mad: If you have so much sense of what's fair and what's not, don't just talk about it. Prove it.
Well said.
And now you think people who ported their dates are abusing the system! Yeah right...
Why don't you surrender your EAD first before shooting off your mouth?:mad: If you have so much sense of what's fair and what's not, don't just talk about it. Prove it.
Well said.
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jkamel5
07-10 08:38 PM
Thanks for your amazing help.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
more...
humdesi
12-14 12:02 AM
Can somebody explain how unused visas are recaptured?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
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jliechty
June 14th, 2004, 12:33 AM
Not to throw more rocks into the gears here.. But unless the S2 has been updated (which I don't follow really), it was using the chip that was in the Nikon D1 I believe?
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
I don't recall reading anything about Nikon D1 tech being in the Fuji S2... noise seems related to the image capturing sensor and the electronics that follow. The S2 uses Fuji's SuperCCD (which stacks the pixels in a different pattern that allows for slightly better resolution in the "12" MP mode - which certainly doesn't come near the 1Ds, but some say it is better than the 6MP DSLRs, and no, I've not seen a S2 vs. 1DMKII comparison yet). What instead might actually "throw more rocks in gears" is that Thom mentions at the bottom of his review that he's heard more complaints about S2 reliability than other Nikon-based DSLRs, which is worse when one considers the fact that there aren't as many S2s out there as other Nikon DSLRs. It's a good camera image-quality wise, but it's expensive compared to other 6MP DSLRs, and there are questions about reliability. You pays your money and you takes your choice :)
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
I don't recall reading anything about Nikon D1 tech being in the Fuji S2... noise seems related to the image capturing sensor and the electronics that follow. The S2 uses Fuji's SuperCCD (which stacks the pixels in a different pattern that allows for slightly better resolution in the "12" MP mode - which certainly doesn't come near the 1Ds, but some say it is better than the 6MP DSLRs, and no, I've not seen a S2 vs. 1DMKII comparison yet). What instead might actually "throw more rocks in gears" is that Thom mentions at the bottom of his review that he's heard more complaints about S2 reliability than other Nikon-based DSLRs, which is worse when one considers the fact that there aren't as many S2s out there as other Nikon DSLRs. It's a good camera image-quality wise, but it's expensive compared to other 6MP DSLRs, and there are questions about reliability. You pays your money and you takes your choice :)
more...
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ho_gaya_kaya_?
05-23 09:00 AM
I just talked to an attorney. He said that if there is a long gap, your H1 may be approved but with out extension of stay (no I-94) and that I may have to go for visa stampling in the consulate in India. As I already have 1.5 years on h1, I was told that it doesn't go thru the cap. some one mentioned in the thread, that once you use EAD, and if u were to get H1 it would be under cap. I am not sure which one is correct.
If you are on H1 and switch to another H1- you do not need to worry about Cap
If you are on H1 and switch to EAD- you have relinquished your H1.Whenever you wish to resume your H1- at that time you will go against the Cap.
Hope this clarifies
If you are on H1 and switch to another H1- you do not need to worry about Cap
If you are on H1 and switch to EAD- you have relinquished your H1.Whenever you wish to resume your H1- at that time you will go against the Cap.
Hope this clarifies
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vinicola78
11-04 02:17 PM
I am also trying to stay afloat through the very debatable AC21 process. Currently, my case is being handled by Ron Gotcher and I have been very happy with all the help and support so far. Not to mention, they are really reasonable.
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nocomment
10-14 05:32 PM
There is a section in 485 application to list your spouse and dependents. Talk to a good lawyer to see if you can still add her. Or you can live in india until you figure out a way to bring her here on student visa or something.
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mirage
03-19 03:39 PM
Nothing at all for Green Card mess
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gc4me
08-11 02:14 PM
How do you know that you case has moved to local field office?
For July filers, to manage the work load, USCIS forwarded applications (so that they can process EAD, AP and 485 receipt in a timely fashion) to CSC or VSC. For example, I applied to NSC but was forwarded to CSC and now they are back to NSC. My 485 status currently shows exactly same as your daughter's one.
It means that THE CASE HAS BEEN TRANSFERRED FROM CST TO NSC. NOT A BIG DEAL.
Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.
All our cases show this status now.
Any idea what happens next?
Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
For July filers, to manage the work load, USCIS forwarded applications (so that they can process EAD, AP and 485 receipt in a timely fashion) to CSC or VSC. For example, I applied to NSC but was forwarded to CSC and now they are back to NSC. My 485 status currently shows exactly same as your daughter's one.
It means that THE CASE HAS BEEN TRANSFERRED FROM CST TO NSC. NOT A BIG DEAL.
Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.
All our cases show this status now.
Any idea what happens next?
Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
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JunRN
12-18 04:07 PM
no slow, no fast..just follow the rules of the game..
Yes, we follow the rules of the game. Who says we shouldn't?
All I am saying is let's put practicality into matter. USCIS IOs are human who make mistakes. If you put the IOs into situation where they can potentially make mistakes, then they can potentially make an error, be it to your advantage or not.
We've seen some cases where IOs are committing mistakes, haven't you? And aren't we learning from that or not?
At the end of the day, it is your choice. I have chosen my path. You have chosen yours. We both follow the rules of the game. Let's see each other at the finish line.
Yes, we follow the rules of the game. Who says we shouldn't?
All I am saying is let's put practicality into matter. USCIS IOs are human who make mistakes. If you put the IOs into situation where they can potentially make mistakes, then they can potentially make an error, be it to your advantage or not.
We've seen some cases where IOs are committing mistakes, haven't you? And aren't we learning from that or not?
At the end of the day, it is your choice. I have chosen my path. You have chosen yours. We both follow the rules of the game. Let's see each other at the finish line.
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radioxromance
05-18 05:15 PM
yah I love mysql. You can store information in the db and pull it out and manipulate it. I think the most attractive part of it is that it is free and so is php, as long as your server supports them, you can get the job done quickly and well.
dollar500
12-10 09:36 AM
As somebody said earlier, it's not right a forcing statement to make somebody donate. When I read the first reply of my email was not something which I asked advice but a dontation I was somewhat flustered. IT reached the limites when somebody mentioned cancel your trip of Bahamas and donate. Bharatpremi, I must say mind your own business, don't tell me what to do.
On top people have repped in wierd ways as well.
I would just say please mind your own business in these things if you don't want to give advice, dont act like some jerk and tell me what to do and what not to do..
By the way I have already donated money in past before DC rally and will donate again.
Please don't spoil the spirit of forum and try to act maturely!!!
Bunch of losers. I am done with this forum.
On top people have repped in wierd ways as well.
I would just say please mind your own business in these things if you don't want to give advice, dont act like some jerk and tell me what to do and what not to do..
By the way I have already donated money in past before DC rally and will donate again.
Please don't spoil the spirit of forum and try to act maturely!!!
Bunch of losers. I am done with this forum.
msp1976
10-19 02:00 PM
The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..
As long as USCIS does not release any regulations...We can do this ....
If asked officialy some attorneys say that it cannot be done and some are fine with that...
Immigration laws are kind of applied sporadically and can be pushed to a certain extent
Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..
As long as USCIS does not release any regulations...We can do this ....
If asked officialy some attorneys say that it cannot be done and some are fine with that...
Immigration laws are kind of applied sporadically and can be pushed to a certain extent
