cygent
07-23 09:25 PM
Guys, I have no travel plans for now. But as an FYI, If my AP or for that matter my EAD expires before renewal, can you apply for a new EAD/AP? :confused: Assuming you cannot renew them anymore, of course I doubt you can.
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siravi
11-08 04:09 PM
I had an infopass appointment in NY to get information on my case (specifically concerning the FP/Name check status, have received my EAD, AP). Although the officer was very courteous and seemed patient, he thought I had come there too soon for the inquiry. I got very sketchy information. He said one should wait at least 6 months after the 485 RD (mine is June 2007) before beginning inquiry (shoot me, I went a month too soon), and that it usually it takes a year (or more) after FP to get the GC, so I should not worry too much about my case for at least one more year.
He said there is nothing to worry about and that there are “many small small things” that have to be taken care of after FP and FBI name check clearance before one gets the GC. I asked him what are the other “things” that need to be taken care of following the clearance on name check, but didn’t get an answer (“just small small things” is what he said again). I had to repeat my question about the status of FBI name check on my case three times during the conversation before I got an answer which was vague anyways (nothing’s been done yet). I was hoping to get some kind of information with regards to the status in terms of the search results (no record/hit etc.) but I didn’t get any information at all, so it was a disappointing meeting for me.
Some pointers:
*Have your print out of the appointment confirmation ready before you enter the building-the security officer outside the building checks it to verify that you indeed have an appointment there.
*The queue at the entrance for security check was long, so make sure you reach there well ahead of the scheduled appointment.
*There is one more counter in the lobby (and one more queue) where you get your token number for the infopass room. They asked to see the appointment confirmation receipt here as well.
*The infopass interviews are held on the third floor. I waited for 30-35 mts. before my number was called.
P.S. Received EAD card at home address and AP documents at the law firm address.
He said there is nothing to worry about and that there are “many small small things” that have to be taken care of after FP and FBI name check clearance before one gets the GC. I asked him what are the other “things” that need to be taken care of following the clearance on name check, but didn’t get an answer (“just small small things” is what he said again). I had to repeat my question about the status of FBI name check on my case three times during the conversation before I got an answer which was vague anyways (nothing’s been done yet). I was hoping to get some kind of information with regards to the status in terms of the search results (no record/hit etc.) but I didn’t get any information at all, so it was a disappointing meeting for me.
Some pointers:
*Have your print out of the appointment confirmation ready before you enter the building-the security officer outside the building checks it to verify that you indeed have an appointment there.
*The queue at the entrance for security check was long, so make sure you reach there well ahead of the scheduled appointment.
*There is one more counter in the lobby (and one more queue) where you get your token number for the infopass room. They asked to see the appointment confirmation receipt here as well.
*The infopass interviews are held on the third floor. I waited for 30-35 mts. before my number was called.
P.S. Received EAD card at home address and AP documents at the law firm address.
GCBy3000
01-10 04:42 PM
Any voluntary job is good in resume. The resume is to show how you are and what skills you have. Volunatary job shows that you are not the one who wants to be idle and also it shows that you have some intention to do service to the society. It is good to have those in resume and also it will help you a lot if you pursue MBA in future.
My wife is also doing voluntary job for more than a year and on side I had to pay for my child care. Still it is good as she gets some contacts, diversion from routine house hold activities and my kid gets to socialize with other kids.
Hi all,
Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.
Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.
Advice please.
My wife is also doing voluntary job for more than a year and on side I had to pay for my child care. Still it is good as she gets some contacts, diversion from routine house hold activities and my kid gets to socialize with other kids.
Hi all,
Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.
Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.
Advice please.
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greensignal
11-10 11:13 AM
Yes. I did check with me lawyer. She didn't receive yet.
Ok. Try this:
If you have created a login as customer in USCIS website at @ https://egov.uscis.gov/cris/jsps/index.jsp.
As soon as you log in you can see the last updated date of your case.
You may atleast know if something changed on your cases internally based on this LUD
Good Luck.
Ok. Try this:
If you have created a login as customer in USCIS website at @ https://egov.uscis.gov/cris/jsps/index.jsp.
As soon as you log in you can see the last updated date of your case.
You may atleast know if something changed on your cases internally based on this LUD
Good Luck.
more...
styrum
07-16 11:26 PM
After getting the EAD/AP within three months, I don't think our problem is solved already. We will be at certain point in time be in the same situation as the poster above.
Who told you that you will get EAD/AP in three months. Nothing will prevent USCIS to develop backlogs in EAD/AP too now. "Oh there were so many filed in June/July so that we can't process them that fast anymore...":cool:
Who told you that you will get EAD/AP in three months. Nothing will prevent USCIS to develop backlogs in EAD/AP too now. "Oh there were so many filed in June/July so that we can't process them that fast anymore...":cool:
longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
more...
helloh1
01-26 07:32 PM
Thanks lazysis.... your confidence is boosting my confidence too :-)
JaiHind....would you mind briefing me on your casez? why did ur employer charge 7K from you? did u also sign similar contract?
JaiHind....would you mind briefing me on your casez? why did ur employer charge 7K from you? did u also sign similar contract?
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eb3retro
07-07 10:22 AM
i am starting to wonder, if you are for real. your profile is empty. All your previous posts are derogatory and you accused the american president in your previous posts. I am wondering whats the basis you are here in IV and if you a green card case that you have applied and waiting..
Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.
Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.
more...
dallasdude
06-10 03:44 PM
You can make whatever you like of the current situtation, but let me tell you something.
There is a HUGE difference between being TOLERATED and BEING LIKED.
I am sure you have the intelligence to see the difference.
You can "tolerate" someone you don't like, but you can not "welcome" someone whom you don't like. I for one, donlt want to be in the "tolerated" category.
And may I ask, what exactly is your definition of hostility? Being chased down the street by a bunch of thugs, who think you should be in their country, or the kind of passive hostility being practised as of now?
You are free to go back to your home land if you feel like you are not welcomed here.
There is a HUGE difference between being TOLERATED and BEING LIKED.
I am sure you have the intelligence to see the difference.
You can "tolerate" someone you don't like, but you can not "welcome" someone whom you don't like. I for one, donlt want to be in the "tolerated" category.
And may I ask, what exactly is your definition of hostility? Being chased down the street by a bunch of thugs, who think you should be in their country, or the kind of passive hostility being practised as of now?
You are free to go back to your home land if you feel like you are not welcomed here.
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GCwaitforever
11-17 01:57 PM
Part of the reason was that few H-1B applicants were running big debts on credit cards and leaving the country. Credit card companies have no way of collecting the money overseas. Few bad apples make every one else look bad.
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asindu
07-14 12:27 PM
The dream act is an awesome legislation, my dad was one who sent his application for I-485 and it was received on the 2nd of july. However, due to the July visa fiasco he is stuck like the rest of you guys. My point is rather that I aged out in June 2007 and could not be added with my family, for the month of July. I would receive benefits because this would put me out of status as well...also children of illegals are still children. They are not illegal because they did not choose the right to come here but came without any knowledge. So Please everyone take your time to call your respective senators and email them. You can find the names and numbers of your respective senators on the link below...
http://capwiz.com/aila2/callalert/index.tt?alertid=10001091
http://capwiz.com/aila2/callalert/index.tt?alertid=10001091
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Bush
08-01 10:30 PM
what do 180 days start, RN date or notice date?
RN Date
RN Date
more...
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fundo14
02-21 01:42 AM
No. I am not an employee of any of the companies named in H1B visa fraud last week. The current employer is my the sponserer of my H1 B visa and also my first employer . I did not change my employer.
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
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vine93
06-02 08:49 PM
done
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reddysn
05-29 06:15 PM
ramus you got good sense of humor man ....I could not stop laughing ..
After reading this I am not sure if I can ask you send web-fax..
Thanks.
After reading this I am not sure if I can ask you send web-fax..
Thanks.
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sanbaj
05-05 03:26 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
more...
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lazycis
12-20 08:48 PM
Good read here:
Risk of GC Rescission for Failure to Notify Change of Job / Employer!
http://www.murthy.com/news/n_risres.html
http://www.murthy.com/news/n_apprea.html
"The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21."
That's the whole point. If you know that petitioning employer will not withdraw I-140, there is no need to notify the USCIS about the job change. Obviously it's in someone's best interest to notify the USCIS of invoking AC21 if there is a risk of I-140 withdrawal.
And at the end, the GC was not rescinded even though the person did not notify the USCIS about AC21:
"After about eight months of persistent follow-up on our part with the various federal agencies and AILA, we received a favorable decision for our client. It stated that, upon further consideration, the grounds for the rescission did not apply and that, after a complete review of the record of proceeding, the original approval of the Adjustment of Status Application was reaffirmed."
Risk of GC Rescission for Failure to Notify Change of Job / Employer!
http://www.murthy.com/news/n_risres.html
http://www.murthy.com/news/n_apprea.html
"The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21."
That's the whole point. If you know that petitioning employer will not withdraw I-140, there is no need to notify the USCIS about the job change. Obviously it's in someone's best interest to notify the USCIS of invoking AC21 if there is a risk of I-140 withdrawal.
And at the end, the GC was not rescinded even though the person did not notify the USCIS about AC21:
"After about eight months of persistent follow-up on our part with the various federal agencies and AILA, we received a favorable decision for our client. It stated that, upon further consideration, the grounds for the rescission did not apply and that, after a complete review of the record of proceeding, the original approval of the Adjustment of Status Application was reaffirmed."
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vvr
05-20 02:21 AM
Way to shine guys ! Any more suggestions for a "brand new" quota ?
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abhijitp
08-15 01:08 AM
Will I-485 package get rejected if no employment letter attached?
While rushing to send our packages to USCIS on July2nd, we could not get our future employment letter signed and did not include in the package. But now I have the employment letter.
Experts, do you think I need re-file or wait out?
Anyone is in the same boat got their receipt#s or still waiting
Thanks
I would not re-submit only for EVL, but it is important you review your entire AOS application set that went out to USCIS.
I reviewed the photocopies of our AOS applications and found a few omissions e.g. not including
1. EVL
2. pending I-140 receipt notice
3. Labor cert approval which would clearly show the priority date-- instead they put a wrong priority date in the covering letter.
I decided it is a higher risk to rely on such a messed up application!
Hence, I am working to re-submit our AOS. I asked that I review the entire application in advance this time around:) Thanks IV... I have come a long way because of YOU!
BTW a small issue I found on my family's AOS applications:
For my dependants... in Part (2) Application Type, I think we should check (b) my spouse or parent applied for....
it is currently (a) an immigrant petition giving me....
It was also (a) in their first set of AOS applications
Am I right in saying the checkbox to be selected is (b) not (a)?
Thanks!
While rushing to send our packages to USCIS on July2nd, we could not get our future employment letter signed and did not include in the package. But now I have the employment letter.
Experts, do you think I need re-file or wait out?
Anyone is in the same boat got their receipt#s or still waiting
Thanks
I would not re-submit only for EVL, but it is important you review your entire AOS application set that went out to USCIS.
I reviewed the photocopies of our AOS applications and found a few omissions e.g. not including
1. EVL
2. pending I-140 receipt notice
3. Labor cert approval which would clearly show the priority date-- instead they put a wrong priority date in the covering letter.
I decided it is a higher risk to rely on such a messed up application!
Hence, I am working to re-submit our AOS. I asked that I review the entire application in advance this time around:) Thanks IV... I have come a long way because of YOU!
BTW a small issue I found on my family's AOS applications:
For my dependants... in Part (2) Application Type, I think we should check (b) my spouse or parent applied for....
it is currently (a) an immigrant petition giving me....
It was also (a) in their first set of AOS applications
Am I right in saying the checkbox to be selected is (b) not (a)?
Thanks!
qasleuth
04-13 11:01 PM
Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.
Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
andy garcia
08-22 10:14 PM
Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.