sheela
10-15 09:56 PM
Thank you.
I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.
and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.
But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me hitting a bus on an intersection.
Keeping fingers crossed until approved is the mantra.
I believe IOs must be having a kind of 'work-sheet' while they are reviewing and are checking each box (?) for any missing info/link and if needed, will list the info required (all-in-one-go). and send out rfe. Once a satisfactory response is received --case is approved OR pre-adjudicated only to be approved when current.
I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.
and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.
But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me hitting a bus on an intersection.
Keeping fingers crossed until approved is the mantra.
I believe IOs must be having a kind of 'work-sheet' while they are reviewing and are checking each box (?) for any missing info/link and if needed, will list the info required (all-in-one-go). and send out rfe. Once a satisfactory response is received --case is approved OR pre-adjudicated only to be approved when current.
rsrikant
11-02 11:37 AM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
fcres
06-27 10:54 AM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
more...
dvb123
09-13 04:06 PM
It costs around 50k - 100k for a class action lawsuit. Pls collect the money and then think about it. U can look in the directory for Federal immigration litigation lawyers. There are a lot of them. The chance of winning is very less because green card is a benefit and not a job opportunity where you are being discriminated. If you can prove that you lost a job opportunity in United States because you do not have a green card and that job opportunity was given to another less retrogressed country immigrant, maybe you can fight in the supreme court that your civil rights have been violated but it is a long shot and would involve lot of money and 3 years minimum time frame.
An except from DOL equal opportunity laws
The Immigration and Nationality Act prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
Federal litigation also can be done without legal representation i.e. lawyer but a person must dedicate himself to 8 hrs legal work for 3-4 months which a working person cannot do.
An except from DOL equal opportunity laws
The Immigration and Nationality Act prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
Federal litigation also can be done without legal representation i.e. lawyer but a person must dedicate himself to 8 hrs legal work for 3-4 months which a working person cannot do.
paskal
08-14 04:02 PM
July 2nd 8.46 AM received by PITCHER[Aug,14 16:59 ET]
July 2 - Fedex - 7.55 AM - Recd: R Williams[Aug,14 16:58 ET]
NSC July2, 1025AM J.BARRETT[Aug,14 16:58 ET]
is this not going a bit far????
c'mon iv'ers, check out iv-merchandise, volunteer, contribute, call friends, ditribute flyers...so much to do!
July 2 - Fedex - 7.55 AM - Recd: R Williams[Aug,14 16:58 ET]
NSC July2, 1025AM J.BARRETT[Aug,14 16:58 ET]
is this not going a bit far????
c'mon iv'ers, check out iv-merchandise, volunteer, contribute, call friends, ditribute flyers...so much to do!
more...
raidohri
05-30 08:44 PM
Please do send the fax to all senators, if you have not send the webfax to all senators, please do so now
m1801b
09-10 01:28 AM
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can�t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can�t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
more...
eb3_nepa
02-18 11:17 AM
Your reasoning is nearly correct. But you are missing Two points:
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
My point here is:
Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.
Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
My point here is:
Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.
Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.
Hermione
10-02 12:45 PM
According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.
Again this is only my opinion. I might be wrong.:)
What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).
The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.
Again this is only my opinion. I might be wrong.:)
What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).
The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.
more...
InTheMoment
09-20 10:12 AM
Nice summary of links...moreso...we have reputed titles here !!
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801944.html
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801944.html
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
chanduv23
06-12 04:34 PM
Time to step up the pressure ?
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GCSOON-Ihope
01-19 05:58 PM
To say the least, this is a very strange way of saying that...they just mailed you your Approval Notice! This is just my understanding.
Anyway, you should get something in the mail very soon: let us now what it is!
Anyway, you should get something in the mail very soon: let us now what it is!
hopefulgc
04-09 02:45 PM
that doesn't make sense at all.. why would it go to miami, FL?
On a lighter side, maybe they realized that you haven't taken a vacation in a really long time and want you to visit florida.
On a lighter side, maybe they realized that you haven't taken a vacation in a really long time and want you to visit florida.
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snathan
02-03 02:24 PM
Abbe fairyangel ,
Who the hell are you to tell to leave and all..Remeber one or the other day we have to go thru bad time. Nothing is secured in this country...For a matter of fact you may as well loose your job, andif you dont get a job in the next 180 days will you leave ?..And the answer is NO.
Stop blady shit...and concentrate on yor work....mental Ididiot
Niceguy
Mr.Matt krusse...how many ids you create SOB. Why dont you concentrate on your work if you have one....
http://www.fotosearch.com/CSP036/0365753/
Who the hell are you to tell to leave and all..Remeber one or the other day we have to go thru bad time. Nothing is secured in this country...For a matter of fact you may as well loose your job, andif you dont get a job in the next 180 days will you leave ?..And the answer is NO.
Stop blady shit...and concentrate on yor work....mental Ididiot
Niceguy
Mr.Matt krusse...how many ids you create SOB. Why dont you concentrate on your work if you have one....
http://www.fotosearch.com/CSP036/0365753/
tnite
09-12 11:33 AM
Mine was delivered at 9.02 am July 2nd and signed by R.Mickels .
Checks havent been cashed.no receipts
Checks havent been cashed.no receipts
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ivgclive
06-05 08:39 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
"pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.
Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.
If she is the only one at the office, it is understood why she bothers new clients over old clients.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
"pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.
Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.
If she is the only one at the office, it is understood why she bothers new clients over old clients.
Geni
05-30 09:43 PM
Democrats have majority in the house and that is what Nacy will look for. She will see what is the out come of the HOUSE before really making some thing in the SENATE
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
njboy
12-02 11:19 AM
what are our chances if the Dream Act does not pass? Dream is #7 on the list.
Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years
Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years
meridiani.planum
04-08 04:04 AM
On the same lines, I have a question...My H1B is expiring on Apr 22 (some how with previous approvals and transfers I didn't get a 3 + 3) and Apr 22 will mark 5 years + 1 month of my H1B stay in the US. I have an approved 140 and my AOS is pending. One attorney has convinced me of a 3 yr extension and though she's expensive, I decided to go with her services as two other attorneys didn't guarantee me a 3 yr extn as I'm still into my 6 year now and have not completed 6 full yrs on H1B. Qn is, will I get a 3 yr extension (based on my approved 140) or a 11 months extension now? My PD is Feb 2006.
Thanks in advance.
yes you will get 3 years extension. make sure the application requests 3 years (& your LCA covers 3 years)
Thanks in advance.
yes you will get 3 years extension. make sure the application requests 3 years (& your LCA covers 3 years)
Aah_GC
02-28 07:05 AM
I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).
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