abracadabra102
11-06 03:13 PM
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
This issue has been discussed at length in these forums. Put in some effort and read before popping a question.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
This issue has been discussed at length in these forums. Put in some effort and read before popping a question.
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cptbaseball
05-14 11:22 AM
Hi attorneys,
I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?
Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???
Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?
Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?
Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?
Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?
I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?
Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???
Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?
Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?
Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?
Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?
pitha
06-11 12:46 PM
somebody please close this thread
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leoindiano
08-04 04:45 PM
https://infopass.uscis.gov/info_en.php,
Select Service on a exisiting request, then last option, i cant remember what was it...
Select Service on a exisiting request, then last option, i cant remember what was it...
more...
KVHTMBA
01-11 01:12 PM
Good to see this bill and it will be great if it is passed even with less than 60% allocation from the lottery program. I don’t think they would completely eliminate lottery program and the lottery program might have their own advocacies. As mentioned in this thread they might have the lottery program for many reasons. I am hoping for the bill to pass as it is :-)
Regarding satyasrd’s question I think section 2 . line #15 thru #19 in the bill (I copied the text below) helps who obtain the advanced degree in USA before 01/05/2011 (preceding the date of the petition) and obtain the degree within 5 years you should be good to go. Others please correct me if I am wrong.
15 ‘‘(ii)(I) obtained such degree within
16 the United States during the 5-year period
17 preceding the date on which the petition
18 filed under section 204(a)(1)(F) for
19 classification under this subparagraph is filed;
Regards,
KVHTMBA
Regarding satyasrd’s question I think section 2 . line #15 thru #19 in the bill (I copied the text below) helps who obtain the advanced degree in USA before 01/05/2011 (preceding the date of the petition) and obtain the degree within 5 years you should be good to go. Others please correct me if I am wrong.
15 ‘‘(ii)(I) obtained such degree within
16 the United States during the 5-year period
17 preceding the date on which the petition
18 filed under section 204(a)(1)(F) for
19 classification under this subparagraph is filed;
Regards,
KVHTMBA
Nikith77
10-05 03:03 PM
I was trying to open a brokerage account with Bank Of America (Merrill Lynch) which was denied as it does not recognize EAD.
The web site clearly says that you should be a citizen or a green card to open an account
Did anyone opened it recently.
The web site clearly says that you should be a citizen or a green card to open an account
Did anyone opened it recently.
more...
rb_248
09-08 02:45 PM
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
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dixie
01-25 08:13 PM
Bush made his statement in the context of H1-B visas, not in terms of giving GCs. So it is not as if he made a pitch for us - there are plenty of folks making a pitch for H1 visas.It does not necessarily help our cause - H1 visas may very well be addressed without fixing the EB system, as it is more convenient politically and for the corporates.
When decision making people or people at the top talk, then i believe there is a sense of realization about us.
Atleast this should provide an easy opening of our case with top leaders.
I am not saying that is it, they are dispatching GCs through Fed-Ex?
If they did, i would be really surprised.
When decision making people or people at the top talk, then i believe there is a sense of realization about us.
Atleast this should provide an easy opening of our case with top leaders.
I am not saying that is it, they are dispatching GCs through Fed-Ex?
If they did, i would be really surprised.
more...
jetflyer
06-10 09:09 AM
Long History
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
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Appu
04-17 04:35 PM
Not sure if this is for us legal immigrants or against us. It says "hardworking americans". We are not americans yet. It could well mean that join the fight AGAINST H1Bs..
The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.
A lot of people signing up will give the staff the right impetus.
The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.
A lot of people signing up will give the staff the right impetus.
more...
haifromsk@yahoo.com
02-08 11:51 PM
GUYS please stop advicing her. Let her consult an attorney. Please do not lead
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...
a) What is your current Immigration Status ?
b) Do you have SSN ?
c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !
d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?
e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"
That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .
Good Luck !
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...
a) What is your current Immigration Status ?
b) Do you have SSN ?
c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !
d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?
e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"
That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .
Good Luck !
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dontcareaboutGC
03-19 01:55 PM
What I interpreted it as was "for usage towards family based immigration". Essentially if the EB demand is lower then there is not need to use the AC21 towards EB catergories and that can be applied towards Family Based Immigration.
Technically these are basic laws laid down by congress- The interpretation of those laws is in the hands of the regulatory bodies which execute the laws. For e.g the mis-interpretation of the vertical or horizontall spillovers. It wasnt correctly done till 2007 I think and then all of a sudden they started to interpret it the way it was originally intended to be.
Technically these are basic laws laid down by congress- The interpretation of those laws is in the hands of the regulatory bodies which execute the laws. For e.g the mis-interpretation of the vertical or horizontall spillovers. It wasnt correctly done till 2007 I think and then all of a sudden they started to interpret it the way it was originally intended to be.
more...
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eb3_nepa
05-12 03:58 PM
Yeah but then that is a nice free luch for those who do not contribute. The motto will become, just sit back and relax and let the other fools do the hard work and spend their hard earned money.
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invincibleasian
01-31 03:18 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
You cannot lose priority date after i140 is approved unless revoked for fraud!
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
You cannot lose priority date after i140 is approved unless revoked for fraud!
more...
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benbear
11-09 09:07 AM
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
That same link you gave tells us that 655k is pending/back-log for AOS....
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
That same link you gave tells us that 655k is pending/back-log for AOS....
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anindya1234
06-01 02:35 PM
But it does increase the GC quota which will substantially hasten the process
more...
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blacktongue
01-20 11:32 AM
Any EB3 here?
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werc
10-10 12:43 AM
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
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vagish
04-18 11:13 PM
--
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
the other immigration bills are introduced by republicans, not with democratic support, so those bills are going no where. Only hope is STRIVE!!
thanks
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
the other immigration bills are introduced by republicans, not with democratic support, so those bills are going no where. Only hope is STRIVE!!
thanks
baburob2
02-16 01:17 PM
Hi Logiclife
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.
tikka
06-22 09:42 AM
any responce
If it is positive you will be sent for a chest xray.
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If it is positive you will be sent for a chest xray.
If your chest xray comes back normal you are good to go!
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