acruix
06-19 12:58 PM
I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?
Please let me know.
Thanks in advance!
~Anil
Please let me know.
Thanks in advance!
~Anil
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eb3_nepa
10-06 03:46 PM
If your I-485 EAD comes through you have to use that and not the F1 EAD.
Where did you get this information from? Can you please show a source?
Where did you get this information from? Can you please show a source?
pappu
05-24 10:18 AM
all new members, pls bring in more people like us to this forum.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
has an email format that you can forward to your friends. Lets increase the presence on this forum.
we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
has an email format that you can forward to your friends. Lets increase the presence on this forum.
we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.
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txh1b
09-14 12:16 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
more...
willwin
03-24 09:56 AM
That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?
Lucky you!! Mine was filed on Jan 5th and still waiting!!
I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.
Lucky you!! Mine was filed on Jan 5th and still waiting!!
I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.
hoolahoous
11-01 11:58 AM
part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"
not sure what your point is. the list clearly states
"Unemployment compensation is also not considered for public charge purposes."
not sure what your point is. the list clearly states
"Unemployment compensation is also not considered for public charge purposes."
more...
sanju
07-11 10:57 PM
Schwarzenegger cares for Kali-4-nia. He should support legal immigrants as a lot of this community lives there. Where? In Kali-4-nia.
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dvb123
02-10 05:02 PM
The two categories EB4 and EB5 are disappearing. Both together are around 14% which are 21,000 (7%+7% of 140,000) visa numbers. EB2 will come to 2007 JAN atleast when this 21,000 and last quarter visa numbers EB4 + EB5 ---> EB1 ----> EB2 spillover happens. I think that IV should contact USCIS because these numbers would disappear before march and would not get rolled over to EB3 and EB2.
http://travel.state.gov/visa/frvi/bu...etin_4428.html
D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
http://travel.state.gov/visa/frvi/bu...etin_4428.html
D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
more...
voldemar
03-21 10:51 AM
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.No, if you had H1 before (in 6 years) you are not subject to cap.
Yes you will be subject to cap.No, if you had H1 before (in 6 years) you are not subject to cap.
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immigrationmatters30
09-03 07:23 PM
My company applied for 3 year extention after 6th year and was approved in 2 weeks under premium processing.
more...
cortel
09-20 10:40 AM
To be honest, I am not happy with the NPR feature. Here is why: in the minds of most people, skilled immigrants just come here in masses, and within a blink of an eye, they get their green cards. They don't know how long and bothersome the way to an employment-based green card is. The feature focuses on letting more skilled immigrants come to the US, and having more green cards available without a mention of the problems with the current process. That means: they missed that we all are already here, and have been waiting for years to finally have our green card approved. I think it'll be misunderstood by all who don't know anything about the process. So in a way: this is an opportunity missed for disseminating more information about our situation. (Also, I bet that the picture posted was not taken at our rally.)
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i99
09-26 01:18 PM
Answer to the initital inquiry in this thread:
I don't think anyone can know at this point. There is frontlog/backlog at different steps. USCIS information they post is misleading. Look how wrong receipting dates information is !!!...:(
I don't think anyone can know at this point. There is frontlog/backlog at different steps. USCIS information they post is misleading. Look how wrong receipting dates information is !!!...:(
more...
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paskal
02-14 07:49 PM
I wished too :), though i am happy helping Paskal in his efforts now :)
the immediate task at hand is to collect letters for the admin. reform campaign
legislation will happen at it's own pace as we all know by now.
http://www.helpniloufer.org/
this wonderful blog created by needhelp! will make it easy..find a template, addresses to mail and oodles of inspiration!!
the immediate task at hand is to collect letters for the admin. reform campaign
legislation will happen at it's own pace as we all know by now.
http://www.helpniloufer.org/
this wonderful blog created by needhelp! will make it easy..find a template, addresses to mail and oodles of inspiration!!
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va_labor2002
09-25 12:36 PM
Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !
I think it is better to contact him.
Guys...Any comments ?
I think it is better to contact him.
Guys...Any comments ?
more...
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sanjay
08-20 12:47 PM
It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.
It not a computer glitch for sure. As the explanation goes like this:
we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
It not a computer glitch for sure. As the explanation goes like this:
we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
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ags123
02-10 06:28 PM
The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
more...
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myuname
06-18 11:14 AM
Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.
but I am not an expert so I guess others around here might have a different take. Best,
but I am not an expert so I guess others around here might have a different take. Best,
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krishnam70
05-06 11:52 AM
Here is my story, Immigration experts are requested to suggest.......
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
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chantu
08-21 06:17 PM
Of course you can work. Sometimes I worked extra 10 hrs/week and max I did was 20hrs/week. It is good to have more money than your LCA amount.
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
modvik
07-17 03:12 PM
Congratulations to you! Must be a big burden off your chest.
I have a question: how would I know whether my process is past the name check or not. I got FP done last december (2005). No updates on the USCIS website for me since then and the 800 number gives a canned message and you cannot get to talk to a real person there.
Am I hysteric or what?
Any ways here is the flash.
My case has been approved and got the so called Magic e-mails stating that the cards have been order
for me and the spouse.
Here is the "series of unfortunate events" :
1.
EB3/TSC
PD: Sometime in 1998
Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.
2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
thought I would save some time.
3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
4. Elated with the good news, applied i-140 & I-485 in 2004.
5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
amount of time.
6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.
Following is the chronological order:
EB2/TSC
PD : October 17, 2001
LCl : January 7, 2004
RD I140/485 : May 28, 2004
EAD : July 26, 2004
FP Notice Date : February 1, 2005
FP Done : March 22, 2005
I140l : February 11, 2005
Namecheck initiated: June 2004
Namecheck cleared: June 2006.
I-485 cleared and cards ordered: July 2006.
Here is what I did to get out of namecheck:
1. e-mail to FBI on monthly basis
2. Snail mail to FBI, OMBUDSMAN on monthly basis
3. FAX to FBI on monthly basis
3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
FBI directly
4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
FBI directly. One senator never even responded
5 got FOPIA.
6. Made the attorney to contact USCIS officially
7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
and almost filed WOM. Only thing left is to send the papers.
8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
Just tried some personal mails to USCIS director FBI et all.
Not sure what really worked. Some one from DOJ took time to call me and informed that my
name check got cleared.
moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
try the above steps and hope for the best.
Thanks to the forum members!!! I learnt lot from your experience.
I will still be around on this forum and will try to help as much as I can
I have a question: how would I know whether my process is past the name check or not. I got FP done last december (2005). No updates on the USCIS website for me since then and the 800 number gives a canned message and you cannot get to talk to a real person there.
Am I hysteric or what?
Any ways here is the flash.
My case has been approved and got the so called Magic e-mails stating that the cards have been order
for me and the spouse.
Here is the "series of unfortunate events" :
1.
EB3/TSC
PD: Sometime in 1998
Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.
2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
thought I would save some time.
3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
4. Elated with the good news, applied i-140 & I-485 in 2004.
5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
amount of time.
6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.
Following is the chronological order:
EB2/TSC
PD : October 17, 2001
LCl : January 7, 2004
RD I140/485 : May 28, 2004
EAD : July 26, 2004
FP Notice Date : February 1, 2005
FP Done : March 22, 2005
I140l : February 11, 2005
Namecheck initiated: June 2004
Namecheck cleared: June 2006.
I-485 cleared and cards ordered: July 2006.
Here is what I did to get out of namecheck:
1. e-mail to FBI on monthly basis
2. Snail mail to FBI, OMBUDSMAN on monthly basis
3. FAX to FBI on monthly basis
3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
FBI directly
4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
FBI directly. One senator never even responded
5 got FOPIA.
6. Made the attorney to contact USCIS officially
7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
and almost filed WOM. Only thing left is to send the papers.
8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
Just tried some personal mails to USCIS director FBI et all.
Not sure what really worked. Some one from DOJ took time to call me and informed that my
name check got cleared.
moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
try the above steps and hope for the best.
Thanks to the forum members!!! I learnt lot from your experience.
I will still be around on this forum and will try to help as much as I can
unknown123
10-24 11:28 AM
I claimed my parents as dependents. You only need ITIN and have to do paper filing first time....
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