tonyHK12
02-11 11:57 AM
Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?
The way we get this Bill and others like this to move forward is meeting lawmakers, and taking part and supporting our Advocacy days effort on April 4th and 5th this year.
The way we get this Bill and others like this to move forward is meeting lawmakers, and taking part and supporting our Advocacy days effort on April 4th and 5th this year.
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houston2005
08-21 11:26 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
sheela
08-13 04:37 PM
Go to https://egov.uscis.gov/cris/jsps/index.jsp and register as a customer from the left panel. Once you register you can enter your receipt numbers and track your case. If there is a case status update they will send you an email.
Yes, it is possible to file everything the same day.
How to get LUD without RN. Please elaborate. Also, did you get e-mail through your attorney or directly from uscis. Looking at my I-485 only e-mail address given is by law firm.
Yes, it is possible to file everything the same day.
How to get LUD without RN. Please elaborate. Also, did you get e-mail through your attorney or directly from uscis. Looking at my I-485 only e-mail address given is by law firm.
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gccovet
09-04 10:12 AM
Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
Thank you Amit for your response.
GCCovet
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
Thank you Amit for your response.
GCCovet
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sam0407
07-18 12:55 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002:
Do not take it in negative sense, This is just my thoughts..
1. Flower campaign served it purpose, over doing anything will give produce negative results
2. As other IV members suggested we should come-up with someother innovative ideas. You can ask IV members for ideas, I sure our fellow members will share their thoughts.
Again, I am strongly believe any more flower campaign at this moment will produce negative result (i.e it will annoy the recipient).
I had the same thoughts when our IV members planned to send thank you flowers
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002:
Do not take it in negative sense, This is just my thoughts..
1. Flower campaign served it purpose, over doing anything will give produce negative results
2. As other IV members suggested we should come-up with someother innovative ideas. You can ask IV members for ideas, I sure our fellow members will share their thoughts.
Again, I am strongly believe any more flower campaign at this moment will produce negative result (i.e it will annoy the recipient).
I had the same thoughts when our IV members planned to send thank you flowers
cjain
11-13 03:10 PM
From the Aytes memo:
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
more...
talash
07-19 05:03 PM
Positive PPD just means u are exposed to TB is the past ans CXR confirms that u dont have active disease .Treatment in this case is only optional and patient has to decide if he or she wants to be treated for that .Only people with HIV of other immune def dieases must be treated for pos PPD.
they should not ask any further qquestions if CXR ws negative .
they should not ask any further qquestions if CXR ws negative .
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kak1978
08-04 04:46 PM
gchopes,
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
more...
GCDream
02-20 08:12 PM
Here is what I have after analyzing the FLC Data Center MDB files
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
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capriol
04-15 03:11 PM
zCool,
Thank you so much, now I can make travel plans. Sincerely.
Thank you so much, now I can make travel plans. Sincerely.
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vikki76
04-21 05:49 PM
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
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Siddharta
09-26 12:48 AM
YES YES YES - go ahead screw your smalltime employer
You made my day. Thanks so much. :):):):):):):)
I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?
There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
You made my day. Thanks so much. :):):):):):):)
I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?
There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
more...
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anzerraja
07-20 03:19 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
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fuzzy logic
07-01 02:06 PM
The amended H-1B by itself will not be an issue when it comes to GC.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
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fromnaija
07-20 04:57 PM
It all depends on your friend's priority date as well as her scheduled delivery date. The only problem is if her PD becomes current before the child is born or her case is approved before the birth.
To prevent all these hassles she may be advised to give birth to her child in the US unless she does not have that choice.
Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?
To prevent all these hassles she may be advised to give birth to her child in the US unless she does not have that choice.
Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?
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ilikekilo
04-23 09:51 AM
I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..
I do understand your good intentions but I strongly feel that this should be taken offline off the forum for the sake of everyone and please do not prolong this, hope you get the point...thanks..
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..
I do understand your good intentions but I strongly feel that this should be taken offline off the forum for the sake of everyone and please do not prolong this, hope you get the point...thanks..
more...
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NikNikon
May 24th, 2005, 09:21 AM
Cool, I learned something new today. I guess I knew the concept of the polarizer but had yet to learn all of the ins and outs. Thanks Josh.
Linear vs. Circular has mainly to do with whether it works with metering and autofocus sensors in modern cameras. Both polarizers rotate and function similarly (I'm not sure if there is any difference in the effect shown in the image, but I doubt it).
Anyway, an unevenly polarized sky happens not because the polarizer is not rotated properly / enough, but rather because the camera is not quite at a 90 degree angle to the sun; this uneven polarization becomes more noticeable with wide angle lenses (to a point, then as even wider lenses are used, the sky will get dark in the middle and lighter on the edges even right at 90 degrees from the sun).
Linear vs. Circular has mainly to do with whether it works with metering and autofocus sensors in modern cameras. Both polarizers rotate and function similarly (I'm not sure if there is any difference in the effect shown in the image, but I doubt it).
Anyway, an unevenly polarized sky happens not because the polarizer is not rotated properly / enough, but rather because the camera is not quite at a 90 degree angle to the sun; this uneven polarization becomes more noticeable with wide angle lenses (to a point, then as even wider lenses are used, the sky will get dark in the middle and lighter on the edges even right at 90 degrees from the sun).